JUDGMENT

M.C. Desai J.

1. The Petitioner, who claims to be in possession of certain land, has been ordered by opposite party No. 3 to be ejected from it on the grounds of the land vesting in the Gram Samaj of the village and of his being trespasser upon it. The Petitioner through this petition asks for certiorari to quash the order of the opposite party.

2. The Tehsildar opposite party No. 3 purports to have passed the order of ejectment in exercise of the power conferred by Rule 115F of the UP Zamindari Abolition and Land Reforms Rules. The gist of Rules 115C, 115-D and 115-F is as follows. It is the duty of the Land Management Committee to manage, maintain, preserve and protect all property vested in the Gaon Samaj. All cases of interference with the property are to be reported to the Collector by the Land Management Committee through its Chairman, Secretary or member with a request to have the encroachments removed, The Collector on being informed of an encroachment is required to call upon the trespasser to remove the encroachment or to show cause against it within a certain time. If the trespasser shows cases the Collector has to determine whether his possession is as a tenure ho