( 1 ) BY order dated 3. 1. 2005 passed in this writ petition it was observed that as pure question of law was involved in the writ petition hence there was no need to call for counter affidavit on behalf of State and Gaon Sabha who are the only respondents in this writ petition. Through the said order the case was directed to be listed on 10. 1. 2005 for hearing. Thereafter the case was heard on 18. 1. 2005 and judgment was reserved. Neither on 3. 1. 2005 nor on 18. 1. 2005, learned counsel for respondents requested for opportunity to file counter affidavit.

( 2 ) THIS writ petition arises out of proceedings under Section 122-B of U. P. Z. A. and L. R. Act initiated by Gaon Sabha Sanwat Tehsil Khaga District Fatehpur against Budhai, the petitioner before Assistant Collector/tehsildar, Khaga District fatehpur in the form of case No. 3780 of 2002. The allegation against the petitioner was that petitioner had encroached upon Gaon Sabha land comprised in plot No. 719 area. 006 hectares (i. e. 55 to 64 Sq. meters ). Tehsildar decided the case against the petitioner through judgment and order dated 30. 7. 2003. In the said judgment it was recorded that petitioner had constr