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Surendra v. Addl. D.J. & Others - WRIT - C No. 4185 of 1986 [2006] RD-AH 12232 (25 July 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble S.U.Khan J

Heard Sri M.S.Pipersenia learned counsel for the petitioner and learned standing counsel for the respondents.

This writ petition is directed against orders dated 8.8.1985 and 30.12.1985. The first order was passed under section 122-B U.P.Z.A.L.R Act in case No. 62 of 1985 by Assistant Collector / Tehsildar, Karvi district Banda. Through the second order, revision against the said order was dismissed by A.D.M Karvi district Banda.

By the impugned orders, it has been found that petitioner removed/ cut the part of Paharh (rock) belonging to the Gaon Sabha. Damages of Rs.2500/- have been imposed and eviction order has also been passed through the impugned order. Petitioner denied having caused any damage to the Gaon Sabha property.

In my opinion, the findings recorded by the courts below are findings of fact, which cannot be interfered in exercise of writ jurisdiction. However, as far as award of damages of Rs.2500/- is concerned, no basis for determining the same has been given in the impugned order.

Accordingly damages are reduced by 50%. Orders are modified only to that extent and it is directed that petitioner is liable to pay only Rs. 1250/- as damages. In other respects impugned orders are affirmed.

In view of the above writ petition is allowed in part.



W.P. No.4185/86


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