The petitioner has challenged the order dated 1st of December, 2007, passed by the Assistant Collector, whereby he has been asked to evict from Gata No.177 measuring area 0.049 hectare, which is recorded in the revenue record as 'Banjar' and damages of Rs.7800/-, which was imposed upon him as also the order dated 9th of September, 2009, passed by the Collector, Hardoi, whereby the order passed by the Assistant Collector has been upheld.
The learned counsel for the petitioner submits that the petitioner is a tenure holder of only one Gata No.191, which is not the adjacent Gata to Gata No.177. Further he does not claim any possession over Gata No.177 recorded as 'banjar' with the submission that this Gata No.177 has already been leased out to Yamin son of Yasin and Narendra Singh son of Baijnath Singh and they are in possession of Gata No.177. Through his objection filed before the Assistant Collector he also submitted so, but it appears that the Assistant Collector has not cared it and has passed the order impugned for eviction of the petitioner from Gata No.177 measuring area 0.049 hectare.
Since the petitioner does not claim possession over Gata No.177, measuring area 0.049 hectare recorded as 'Banjar' I am of the view that notice of eviction is bad in law, therefore, I hereby quash the orders impugned dated 1st of December, 2007, passed by the Assistant Collector, Bilgram, district Hardoi as also the order dated 9th of September, 2009, passed by the Collector, Hardoi with the observations that the petitioner shall have no right to claim possession over the Gata No.177, measuring area 0.049 hectare recorded as 'Banjar'.
The writ petition is allowed.
Order Date :- 28.1.2010 Banswar