JUDGMENT Ram Surat Ram (Maurya), J. 1. Heard Sri R.C. Singh, for the petitioners, Standing Counsel, for State of U.P., Sri M.N. Singh and Sri L.K. Dwivedi, for respondent-3. The writ petition has been filed against the orders of Assistant Collector, dated 7.1.2013, dropping the proceeding under section 122-B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act) initiated against respondent-3 and Additional Collector dated 15.2.2014 dismissing the revision of the petitioners, against aforesaid order. 2. The dispute relates to plots 10 (area 1-11-0 bigha) and 20 (area 3-12-13 bigha) of village Mahmoodpur, pargana Chayal, district Kausambi. The petitioners filed an application before the Collector Kausambi on 21.11.2011 alleging therein that the land in dispute was wrongly recorded in the name of Higher Secondary School, Manauri although it was land of Gaon Sabha of the categories specified under section 132 of the Act. Public Inter College, Manauri was in illegal occupation of the land in dispute and due to negligence of Revenue Department, Gaon Sabha was suffering loss. It was prayed that an inquiry be made in this respect and Gaon Sabha property be protected. The Collector, by order dated 21.11.2011, directed Sub-Divisional Officer to make spot inspection and in case it is found that land is being illegally occupied then immediate action be taken against illegal occupants and disciplinary action be also taken against Lekhpal. Sub-Divisional Officer by order dated 22.11.2011 called for a report from Lekhpal. Lekhpal submitted his report dated 23.4.2012, stating therein that plot 10 was carved out from old plots 15-M and 17-M and plot 20 was carved out from old plots 29, 31, 32-M and 33-M, during consolidation. In khasra 1359F, none of the aforementioned old plots were the property of Gaon Sabha. Management of School produced a Letter No. 11/111-7 (52-53) dated 11.2.1955 of Land Acquisition Officer, Allahabad, under which Tahsildar had given possession over the land in dispute to the School on 26.2.1995. Land in dispute was recorded in the name of School prior to consolidation operation and the entries of the name of School was maintained during consolidation. However, it has been recorded in column 6(2) of the khatauni during consolidation. Sub-Divisional Officer submitted his report on its basis to the Collector on 23.4.2012. 3. Land in dispute was recorded in the name of School prior to consolidation operation and the entries of the name of School was maintained during consolidation. However, it has been recorded in column 6(2) of the khatauni during consolidation. Sub-Divisional Officer submitted his report on its basis to the Collector on 23.4.2012. 3. The petitioners then filed an objection on 26.4.2012 to the aforesaid report before the Collector, stating that the School is situated at village Madpur (Manauri), pargana Sadar, district Allahabad, where it owned plot 195 (area 1.935 hectare), which was recorded in its name in khatauni and this was the land acquired in the year 1955. There is no school in village Mahmoodpur, which is adjacent to village Madpur. Name of School was fictitiously got recorded over the land in dispute. It appears that on this objection, a fresh report was obtained from Lekhpal, who submitted a report dated 7.7.2012 for initiating proceedings for ejectment of respondent-3. On this report of Lekhpal, Assistant Collector initiated proceeding (registered as Case No. 20/58 of 2012) under section 122-B of the Act, for ejectment of respondent-3 and issued show cause notice to respondent-3 dated 13.7.2012. 4. On the notice being served, respondent-3 contested the proceeding and filed his reply. It has been stated by respondent-3 that the land in dispute was never property of Gaon Sabha. It was acquired on the requisition of the School by State of U.P. under Land Acquisition Act, 1894. Land Acquisition Officer, Allahabad, vide Letter No. 11/111-7 (52-53) dated 11.2.1955, directed the Tahsildar to give possession over the land in dispute. In pursuance thereof Tahsildar gave possession over the land in dispute to the School on 26.2.1995. Land in dispute was recorded in the name of School since then. The entries of the name of School was maintained during consolidation as no objection was filed by any one. School is in possession of the land in dispute since 1955 and its name was also recorded over it. It was wrongly recorded in column 6(2) of the khatauni during consolidation although there was no abadi and the land in dispute was used as agricultural land. School is in possession of the land in dispute since 1955 and its name was also recorded over it. It was wrongly recorded in column 6(2) of the khatauni during consolidation although there was no abadi and the land in dispute was used as agricultural land. The petitioners filed a counter objection to the objection of respondent-3, reiterating that the School is situated in village Madpur (Manauri), pargana Sadar, district Allahabad, where it owned plot 195 (area 1.935 hectare), which was recorded in its name in khatauni and this was the acquired land of the year 1955. There is no school in village Mahmoodpur, which is adjacent to village Madpur. Name of School was fictitiously got recorded over the land in dispute. The matter was heard by Assistant Collector, who by his order dated 7.1.2013 held that from the report of Lekhpal dated 23.4.2012 it is proved that since 1359F, the land in dispute was never recorded as the property of Gaon Sabha while it was recorded in the name of Higher Secondary School since 1955 as the proceeding under section 122-B of the Act was not maintainable. On these findings, Assistant Collector, by order dated 7.1.2013, dropped the proceeding under section 122-B of the Act. The petitioners filed a revision (registered as Revision No. 5/3 of 2013) against the aforesaid order. Additional Collector, by order dated 15.2.2014 dismissed the revision of the petitioners. Hence this writ petition has been filed. 5. The Counsel for the petitioners submitted that there is no School in village Mahmoodpur. The School, Public Inter College is situated at village Madpur (Manauri), pargana Sadar, district Allahabad, where it owned plot 195 (area 1.935 hectare), which was recorded in its name in khatauni. This land was the land acquired in the year 1955. Mahmoodpur is adjacent to village Madpur. Name of School was fictitiously got recorded over the land in dispute. On the basis of forged entry, respondent-3 is in illegal occupation of the land in dispute. Fictitious entry how so may be old, it does not confer any title. This land was the land acquired in the year 1955. Mahmoodpur is adjacent to village Madpur. Name of School was fictitiously got recorded over the land in dispute. On the basis of forged entry, respondent-3 is in illegal occupation of the land in dispute. Fictitious entry how so may be old, it does not confer any title. Neither in Letter No. 11/111-7 (52-53) dated 11.2.1955 of Land Acquisition Officer nor in possession report of Tahsildar dated 26.2.1995, plot numbers or any description of the property was mentioned as such respondent-3 cannot get any benefit of these letters particularly when it already owns plot 195 (area 1.935 hectare) in village Madpur, which is a neighbouring village. Respondent-3 could not produce any paper to prove its title over the land in dispute. The land in dispute was recorded in column 6(2) of the khatauni, which is Gaon Sabha abadi and falls in categories of land specified under section 132 of the Act. Respondent-3 is in illegal occupation of the land in dispute and is liable to be ejected. Findings recorded by respondents-1 and 2 are based upon conjectures and surmises. Impugned orders are illegal and are liable to be set aside. 6. I have considered the arguments of the Counsel for the parties and examined the record. Assistant Collector relying upon the report of Lekhpal found that land in dispute was never recorded as Gaon Sabha land since 1359F. The petitioners could not challenge this finding by filing any paper to prove that either the land in dispute was vested in State of U.P. after date of vesting and no cultivatory right accrued to any one thereafter nor filed any document to show that it was ever recorded in the name of State of U.P. or Gaon Sabha or it was recorded as the land of public utility. Land in dispute is cultivatory land and was through out recorded in the name of the School. Entry of column 6(2) of the khatauni is apparently incorrect as such entry is for Gaon Sabha abadi. The petitioners could not show that in consolidation it was reserved for abadi. Thus the Respondents-1 and 2 have not committed any error to drop the summary proceeding for ejectment of respondent-3 as it was not proved that the land in dispute was Gaon Sabha land. 7. The petitioners could not show that in consolidation it was reserved for abadi. Thus the Respondents-1 and 2 have not committed any error to drop the summary proceeding for ejectment of respondent-3 as it was not proved that the land in dispute was Gaon Sabha land. 7. So far as arguments of the Counsel for the petitioners that in Letter No. 11/111-7 (52-53) dated 11.2.1955 of Land Acquisition Officer and in possession report of Tahsildar dated 26.2.1995, plot numbers or any description of the property was mentioned as the School is situated at village Madpur (Manauri) and not at village Madmoodpur is concerned, admittedly both the villages are adjacent to each other. The name of the School was recorded over the land in dispute since before consolidation operation in the village. Gaon Sabha did not file any objection during consolidation and entry of the name of Gaon Sabha was maintained during consolidation. The petitioners initiated the proceeding for ejectment of respondent-3 as such burden was upon the petitioners to prove that respondent-3 was in illegal occupation. But the petitioners could not prove the title of Gaon Sabha over the land in dispute. In view of the aforesaid discussions, the writ petition has no merit and is dismissed.