3. Briefly stated facts of the present case are that undisputedly, petitioner is Bhumidhar of Plot No.78, area 55 decimal, situate in Village Basuhanchak, Pargana Kaswar Raja, District Varanasi. In the year 1984, Mirzamurad Bhadohi G.T. Marg, was constructed in which an area of about 25 decimal of the aforesaid plot of the petitioner, was taken without acquisition. Consequently, the petitioner objected to it and thereupon, the State-authorities persuaded him to allow the road to be constructed over the land of his aforesaid plot and in lieu thereof it was given to him in writing by the State-authorities, that chak road adjoining his agriculture land, shall be given to him. Accordingly, the State-authorities initially allowed the petitioner to occupy 10 decimal land of the chak road and for the remaining 15 decimal land, an assurance was given to compensate him. However, nothing turned up and subsequently, proceeding under Section 122-B of U.P. Z.A. & L.R. Act, was initiated against the petitioner for evicting him from the portion of the chak road. In that proceeding an order dated 30.12.1993 was passed by the Tehsildar, Sadar, Varanasi, withdrawing the notice 49-Ka and, permitting the petitioner to move an application under Section 161 of the Act. Therefore, petitioner filed an application under Section 161 of the Act, which was rejected on 25.10.1996. Thereafter, a review application was filed by the petitioner on 18.11.1996, which was objected by a Villager Jatau son of Jagroop.
