High Court of Judicature at Allahabad
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Mehar Chand v. The Collector Saharanpur & Others - WRIT - C No. - 57136 of 2007  RD-AH 18258 (23 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 05
CIVIL MISC. WRIT PETITION NO. 57136 of 2007
Collector, Saharanpur & Others
Hon'ble Krishna Murari, J.
Heard Sri A. K. S. Bais, learned counsel for the petitioner.
This writ petition arises out of proceedings under Section 122-B of U. P. Zamindari Abolition & Land Reforms Act (for short the 'Act'). Notice issued in Z. A. Form 49 Ka was contested by petitioner on the ground that he was in possession over land in dispute which was recorded as 'Banjar' for last more than 25 years and 'Abadi' exists thereon and he did not have any other land in the village. Tehsildar vide order dated 6.1.2007 has confirmed the notice and directed the ejectment of petitioner on the finding that petitioner has himself admitted his possession over Gaon Sabha land recorded as 'Banjar' and since he is not a member of scheduled caste as such he is not entitled to the benefit extended by Section 122-B(4-F) of the Act. The same finding has been confirmed by revisional Court.
In view of findings of fact recorded by two Courts below that petitioner was in unauthorised occupation over Gaon Sabha land and was not entitled to the benefit extended by Section 122-b(4-F) as he was not a member of scheduled caste, there is hardly any scope for interference in the impugned orders. The writ petition accordingly fails and stands dismissed in limine.
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