Nanhoo alias Nanhe vs State of U.P. and Others

D.S. Sinha and S.C. Verma, JJ.—Identical questions arise for determination in the aforesaid writ petitions in which similar orders passed by the Assistant Collector/Tehsildar, Garhmukhteshwar, District Ghaziabad dated 6.10.1986 and order dated 2.1.1987 passed by the Additional Collector. Ghaziabad, have been challenged.

It has been alleged by the Petitioners that originally village Lathira (Itmali) Tehsil/pargana Hasanpur, District Moradabad having an area of 1339 acre of land was recorded in Settlement Map of 1904-05. Due to fluvial action of river Ganga, Part of the land of village Lathira was divided and it became part of village Rampur Niyamatpur, Tehsil Garmukteshwar District Ghaziabad. It has further been alleged that in the settlement year 1958 only 139 acres of land of village Lathira remained in District Moradabad and the remaining land of an area of about 1280 acres towards west of river Ganga was included in the District of Meerut and thereafter in the year 1976 with new District of Ghaziabad. The Petitioners have alleged that the entire lard remained in the tenancy of residents of village Lathira who were in cultivatory possession and were recorded as tenants. The disputed land in the Settlement Map of 1958 was numbered as plot Nos. 5 and 6 and was allotted to those persons of village Lathira who were originally tenure-holders in possession on the basis of resolution dated 14.1.1978 passed by the Gaon Sabha, Lathira.

The Petitioners claimed that they were recorded tenure-holders in khasra of 1387 fasli over the land in their possession as plot No. 6M/2 of Khata No. 92 area 3.12 acres. The Petitioners further claimed that due to boundary dispute between District Moradabad and District Ghaziabad with regard to the land of village Lathira, the authorities of District Ghaziabad started claiming the disputed land to be plot No. 144 of village Rampur Niyamatpur, Tehsil Garhmukhteshwar District Ghaziabad and initiated summary proceedings u/s 122B of the U.P. Zamindari Abolition and Land Reforms Act against the Petitioners and other tenure-holders over the land of village Lathira by serving notice under the old Form No. 49A of the U.P. Zamindari Abolition and Land Reforms Act.

The Petitioners filed objection alleging therein that the land over which they have possession is plot No. 6B/2 of village Lathira, Tehsil Hasanpur, District Moradabad and they are not in possession over any plot of land of village Rampur Niyamatpur, Tehsil Garhmukhteshwar, District Ghaziabad. The Petitioners also challenged the jurisdiction of revenue authorities to proceed in the matter and alleged that they were allotted the land on the basis of resolution dated 14.1.1978 passed by the Gaon Sabha, Lathira. During the pendency of the case, the State Government by order dated 18.8.1986 appointed Sahayak Abhilekh Adhikari Respondent No. 4 to decide the boundary dispute of several villages adjoining the Districts Ghaziabad and Moradabad which included village Rampur Niyamatpur of District Ghaziabad and village Lathira, of District Moradabad as well.

The Tehsildar/Assistant Collector, Garhmukhteshwar on the basis of report of Halka Lekhpal and on the basis of his statement, held that the Petitioners were in unauthorised occupation over the disputed land. The Petitioners also submitted their statements and filed documents in support of their case including the copy of resolution dated 14.1.1978. After considering the material on record, it was held that the Petitioners were in unauthorised possession over the disputed land and were liable to ejectment and to compensate in respect of two fasli years 1393 and 1394 amounting to Rs. 7,900.

The order of the Assistant Collector was affirmed in revision by the Additional Collector, Ghaziabad with regard to the issue that the disputed land is part of village Rampur Niyamatpur, District Ghaziabad. The Additional Collector, held that the Petitioners failed to produce any evidence that the land is situated in village Lathira, or forms part of this village. It has been held that on the basis of the report of Lekhpal and the relevant Khatauni, it is established that the disputed land forms part of the village Rampur Niyamatpur, Tehsil Garhmukhteshwar, District Ghaziabad. This was further established from the copy of the question and answer filed before the Settlement Officer, Consolidation that the disputed land forms part of village Rampur Niyamatpur. The Petitioners treating it to be part of the land of village Rampur Niyamatpur had objected that the present proceeding u/s 122B of the U.P. Zamindari Abolition and Land Reforms Act abated in view of the pendency of the consolidation proceedings.

In the extract of Khatauni 1387 fasli and 1390 fasli of village Lathira, Tehsil Hasanpur, District Moradabad, the name of Petitioners have been recorded on gata No. 6M/2 as Asakramaniya Bhumidhar whereas in the khasra entries the disputed land is plot No. 144 of village Rampur Niyamatpur, District Ghaziabad. The Petitioners have not been able to place any material to establish that both the plots of land are same and identical. On the basis of the above findings, the revisions were dismissed. However, the amount of compensation imposed by the Assistant Collector was reduced to Rs. 3,950.

The learned Counsel for the Petitioners mainly pressed the ground that there was boundary dispute referred by the State Government by order dated 18.8.1986 and the authorities were not justified in treating the disputed land to bear plot No. 144M of village Rampur Niyamatpur, District Ghaziabad and to initiate proceedings u/s 122B of Act No. 1 of 1951. The Petitioners further placed reliance on the resolution of the Gaon Sabha of village Lathira dated 14.1.1978 and their recorded possession over plot No. 6/2M under village Lathira, Pargana/Tehsil Hasanpur, District Moradabad. The learned Counsel also submitted that the Assistant Collector/Tehsildar, Garhmukhteshwar had no jurisdiction to initiate proceedings u/s 122B of Act No. 1 of 1951 for ejectment of the Petitioners.

The above contentions raised by the learned Counsel for the Petitioners have been considered by the Additional Collector and they have not been accepted on the basis of material on record. The Petitioners have not been able to place any material or notification that after the settlement of 1958, the disputed land formed part of village Lathira, Tehsil/Pargana Hasanpur, District Moradabad. Neither any notification nor any order has been placed on record to indicate the delimitation of the boundaries of village Lathira either under the U.P. Zamindari Abolition and Land Reforms Act or under U.P. Panchayat Raj Act. Specific finding of the courts below is that the disputed plots are not the same which are alleged to be recorded in favour of the Petitioners of village Lathira in Khasra of 1387 fasli. The finding on the other hand recorded by the Additional Collector is that on the basis of the report of Lakhpal and the extracts of Khatauni, it is established that the disputed land forms part of village Rampur Niyamatpur, Tehsil Garhmukhteshwar, District Ghaziabad. The Petitioners have also not been able to place any material on record with regard to the outcome of the boundary dispute referred by the Government Order dated 18.8.1986. The stand taken by the Respondents has been found to be correct by the courts below in holding that the Petitioners were found to be in illegal possession over the disputed plot with effect from 1393 fasli and the Petitioners were not recorded as tenants in the revenue records over the land in dispute on plot No. 144 area 3-0-0 of village Rampur Niyamatpur, District Ghaziabad.

In view of the above findings which are based on material on record, we do not find any illegality or infirmity or error apparent in the impugned orders. The petitions are devoid of merits and are accordingly dismissed.