Hon’ble Mrs. Sunita Agarwal, J.—Heard Sri Ambrish Kumar Tiwari holding brief of Sri S.K. Tyagi, learned counsel for the petitioners and learned Standing Counsel.

2. The present writ petition is directed against the order dated 15.2.2006 passed by respondent No. 3, the Assistant Collector, Hapur, Ghaziabad in Case No. 8/51/05-06 under Section 122-B of U.P. Zamindari Abolition and Land Reforms Act (in short, the Act) and the order dated 19.5.2006 in revision No. 29/05-06 under Section 122-B (4A) of the Act. It appears that on the report submitted by Halka Lekhpal dated 13.3.2004, the case was instituted against the petitioner for unauthorised occupation of Khasra No. 228 area 200 square yard. Notice 49-Ka was served upon the petitioner. In reply to the said notice., the petitioners raised objection that they were landless labourers of scheduled caste category and they were in occupation of the disputed plot since prior to the year 2002. They have raised their ‘Abadi’ over the plot in question and therefore, were entitled to the benefit of Section 123 (1) of the Act. The notice 49-Ka, therefore, was liable to be cancelled.

3. Halka Lekhpal in his report submitted that the peti