1. Heard Mr. Manish Dev Singh, learned counsel representing the petitioner, Mr. Azad Khan, learned counsel representing the Gaon Sabha, and Mr. Angad Kumar Vishwakarma, Advocate, who has filed caveat on behalf of one Sada Nand. However, the caveator is not a party in the writ petition.
2. Petition No.3634 (M/S) of 2019 has been filed for quashing the order dated 31.10.2018 passed by respondent no. 2-Cheif Revenue Officer, Sultanpur in revision/Computer Case No.T201804680001767 'Ram Nayak Vs. Gram Panchayat and another' under Section 122-B (4-A) of U.P. Z.A. & L.R. Act, 1950 and orders dated 24.08.2018 and 08.07.2015 passed by respondent no. 3-Tehsildar/Assistant Collector, Lambhua, Sultanpur in Case No.T-201804680302578 'Gram Sabha Vs. Ram Nayak, while Petition No.15674 (M/S) of 2019 has been filed for quashing notice dated 05.01.2019 and all consequential action issued by respondent no. 2-Tehsildar/Assistant Collector, Lambhua, Sultanpur, emanating from Case No.T20190468031010.
3. As it comes out, allegation is that the petitioner has encroached upon the land in Gata No.129 which is the land of 'Naveen Parti'. Rest of the land in Gata No.129 has been allotted to Ramnath, Deenanath and Premnath. These persons have constructed their houses.
4. From the evidence on record, it is not clear that whether the petitioner has constructed the house or encroached upon the land in Gata No. 129. Lekhpal's evidence, in this respect, is not very categorical and convincing. Unless and until there is categorical evidence, which is credible and cogent to say that the petitioner has encroached upon the land and extant of encroached area of the land is specified, eviction order should not have been passed. Neither the learned court of Tehsildar nor the revisional Court have considered the evidence in proper perspective. The findings recorded by the two authorities, on the basis of the evidence on record, does not appear to be correct.
5. Thus, the impugned order dated 31.10.2018 passed by respondent no. 2-Cheif Revenue Officer, Sultanpur, impugned orders dated 24.08.2018 and 08.07.2015 passed by respondent no. 3-Tehsildar/Assistant Collector, Lambhua, Sultanpur and the impugned notice dated 05.01.2019 issued by respondent no. 2-Tehsildar/Assistant Collector, Lambhua, Sultanpur are quashed.
The case is remanded back to the file of the Tehsildar for fresh determination, after recording the evidence and giving opportunity of hearing to the Gaon Sabha as well as to the petitioner herein. The Tehsildar concerned is directed to decide the case afresh within four months from the date certified copy of this order is produced.
The caveator will have liberty to participate in the proceedings before the Tehsildar.
6. The writ petitions are allowed accordingly.
[Dinesh Kumar Singh,J.] Date :- 28.8.2019 MVS/-