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Judgment
Sudhir Narain, J.—This writ petition is directed against the order of the Assistant Collector, Tehsil Sadar, District Fatehpur, Respondent No. 2, whereby he directed ejectment of the petitioner from Plot No. 131 area 0.0121 decimal situate in village Mewali, Pargana Ghazipur, district Fatehpur and further imposing damages of Rs. 10.000/. This order has been affirmed in revision by Respondent No. 1 vide impugned order dated 2811997,
Sri. A. C. Varma, learned Counsel for the petitioner submitted that the petitioner was not in possession over the disputed land and, therefore, he was not liable to pay damages.
Respondents No. 1 and 2 both have recorded concurrent finding that the petitioner was in possession over the land in dispute. On behalf of the petitioner an argument was raised before Respondent No. 1 that the petitioner had fixed BioGas Plant but he has removed the same. Respondent No. 1 held that there was no specific evidence that he has removed the said Gas Plant. The order of ejectment does not suffer from any manifest illegality.
The second submission of the learned Counsel for the petitioner is that the amount of damages has been fixed arbitrarily. The area of the land is alleged to be 0.0121 decimal. The circle rate has been shown as Rs. 4.90 There is no evidence that what was its rental value. It is, however, not necessary to remand the matter. In the circumstances of the present case the petitioner is directed to pay damages of Rs. 5,000/ instead of Rs. 10,000/.
The writ petition is partly allowed in respect of damages as stated above. The order of ejectment is, however, maintained. Petition partly allowed.