S.U.KHAN
SIYA RAM – Appellant
Versus
ADDITIONAL COMMISSIONER (ADMN) KANPUR DIVISION, KANPUR – Respondent
Hon’ble S.U. Khan, J.—Proceedings for eviction under Section 122-B of U.P.Z.A.L.R. Act were initiated against respondent No. 2 Jagdish in respect of Gaon Sabha plot No. 819 area 0.125 hectares and plot No. 835 area 0.256 hectare (total area 0.381 hectares equivalent to 3810 square meters) situated in village Ghimau Tehsil Bilhaur District Kanpur. In the revenue records the entire land in dispute is entered as Navin Parti and bunjar. True copy of Khatauni recording the said fact dated 5.2.2004 has been annexed as Annexure 2 to the writ petition. The said Khatauni is for 1404 to 1409 fasli issued on 4.9.2004. Lekhpal gave the report against respondent No. 2 on 31.12.1995 and the case was registered as case No. 5, Gaon Sabha v. Jagdish on the file of Assistant Collector Ist Class/Deputy Collector, Bilhaur Kanpur. Respondent No. 2 pleaded that he was a member of Scheduled Caste and as he was in possession over the land in dispute since 1975, hence, land stood settled with him under Section 122-B (4-F) of the Act. Respondent No. 2 claimed that he must be declared Bhumidhar of the land in dispute. Pradhan filed objections to the effect that respondent No. 2 was resident of Gram P
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