JUDGMENT :

1. Heard Shri Ajay Kumar Srivastava, learned counsel for the petitioner, Shri Sharad Chand Rai, learned counsel for the respondent no. 6 and the learned Standing Counsel for the State.

2. By the impugned order dated 04.03.2014 passed by the trial court in proceedings taken out under Section 202 of the U.P. Z.A.&L.R. Act,1950, directions to evict the petitioner from the disputed parcel of land have been issued with a further direction to make the necessary mutations in the revenue records. The appellate court in the impugned judgement dated 24.07.2015 rendered under Section 331(3) of the U.P.Z.A. & L.R. Act, 1950 has agreed with the findings of the trial court and affirmed its judgement.

3. Both the courts below in the impugned orders have returned the following concurrent findings of fact.

4. The disputed parcel of land was recorded under category 3 in the Khatauni. Category 3 is an arrangement of holdings described in the U.P. Land Records Manual as land held by Asamis.

5. The aforesaid entry was examined and upheld in the consolidation proceedings. CH Form 45 issued at the conclusion of the consolidation proceedings testifies that entries which are consistent with the earlier records. Clause 3 category lands, as the provision discloses, belong to the Gaon Sabha. The disputed parcel of land is a pond area.

6. Rights of the petitioner are at best those of an Asami pattedar and no more. The rights of Asami pattedar are described and limited under Section 176 of the U.P.Z.A.&L.R. Act, 1950. The term of the Asami Patta granted to the petitioner/predecessor-in-interest of the petitioner has long expired. The courts below have found that after expiration of the period of Patta and its non renewal, the petitioner does not have any right to retain possession over the land. These findings of fact could not be successfully disputed before the courts below.

7. In this manner the petitioner was found to be in illegal occupation and his eviction was ordered under the relevant provisions of law by the impugned order dated 04.03.2014 passed by the learned trial court and the order dated 24.07.2015 passed by the learned appellate court.

8. For ease of reference relevant provisions of the Land Records Manual are extracted as under :

"A-124. Arrangement of holdings- The arrangement of land within each village in the khatuni shall be follows:

Part-I

(1) Land cultivated by Government of Gaon Samaj or any other local authority entrusted with management of land under Section 117-A of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

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(3) Land held by asamis who occupied or held land-

(a) as non-occupancy tenants of pasture land, or of land covered by water and used for the purpose of growing singhara and other produce, or land in the bed of river and used for casual or occasional cultivation, on the date immediately preceding the date of vesting;

(b) as non-occupancy tenants of land which the State government had, before the date of vesting, declared by the notification in the Gazette as part of a tract of shifting and unstable cultivation;

(c) as non-occupancy tenants of land which the State Government had, before the date of vesting, declared by notification in the Gazette to be intended or set apart for taungia plantation or community orchard or village farm or trenching grounds belonging as such to a local authority;

(d) on being admitted, on or after the date of vesting by the Gaon Samaj, as a lessee of land mentioned in sub-classes (a) to (c) above;

(e) as thekedars who become asamis under the proviso to sub-section (3) of Section 13 of the U.P. Zamindari Abolition and Land Reforms Act, 1950."

9. The procedure for eviction of illegal occupants is laid out in Section 202 of the U.P.Z.A. & L.R. Act, 1950. The provision is extracted hereunder for ease of reference :

"202. Procedure of ejectment of asami. - Without prejudice to the provisions of Section 338, an asami shall be liable to ejectment from his holding on the [suit of the [Gaon