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Abhayraj v. State Of U.P. & Others - WRIT - C No. 663 of 2006 [2006] RD-AH 1198 (18 January 2006)


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Hon'ble Janardan Sahai, J

Proceedings under Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act were initiated against the petitioner in respect of plot no. 156 area 0.17. The petitioner's case is that patta was granted in favour of the petitioner's father by the Zamindar and the petitioner has his house thereon.  The petitioner also claims that he is ''bhar' by caste which comes under the category of Scheduled Caste and being in possession of the said plot is entitled to protection under section 123 of the Act The Tehsildar by his order dated 8.2.2001 ordered ejectment of the petitioner. Against that order the petitioner preferred a revision, which has been dismissed.

Counsel for the petitioner submits that findings are perverse that the petitioner's house exists since before the Zamindari abolition.

The finding recorded by the authorities below is that the plot in dispute is public utility land reserved for manure pit. Even if the petitioner is scheduled caste no rights can accrue to him in respect of such land. Spot inspection was also made by the Tehsildar and he found that the house  of  the  petitioner  is   situated  some

distance from the disputed plot. The constructions made over the property in dispute by the petitioner has been found to be about 5 years old and is marha over a mud wall. The finding recorded by the authorities below are finding of fact, which are not shown to be vitiated by any error of law to call for interference under Article 226 of the Constitution. Dismissed. .

Dt. 18.1.2006



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