MEENA DEVI Vs. ADDL. CHIEF REVENUE COMMISSIONER

JUDGEMENT

(1.) Undisputedly, patta / lease was granted in favour of Chand Ram @ Chanar Ram, father of original petitioners, under the Government Grants Act over the land belonging to the then State of U.P.; respondents no. 3 and 4 were successful in getting their names mutated vide order dated 12.08.1996 passed by Assistant Record Officer on the ground that Chand Ram @ Chanar Ram, father of original petitioners, during his life time, has executed one agreement in favour of respondent nos. 3 and 4 and possession of the land, in question, was transferred in favour of respondent nos. 3 and 4; order dated 12.08.1996 was challenged by the State before Record Officer / Collector, Udham Singh Nagar in Revision No. 52 / 298 of 2000 01; learned Record Officer / Collector, Udham Singh Nagar vide judgment and order dated 31.07.2002 was pleased to allow the revision and was further pleased to set aside the order dated 12.08.1996 passed by Assistant Record Officer whereby names of respondents no. 3 and 4 were directed to be mutated; in the order dated 31.07.2002, it was specifically observed by the Record Officer / Collector, Udham Singh Nagar that since land, in question, is a Government land and lease / patta thereof was granted in favour of Chand Ram @ Chanar Ram, father of original petitioners, under the Government Grants Act and as per the condition of the patta / lease, Chand Ram @ Chanar Ram had absolutely no right to transfer the lease hold land, therefore, alleged unregistered agreement executed in favour of respondent no. 3 and 4 was void and non est; learned Collector / Record Officer was further pleased to direct to take action against the petitioners, if any term and condition of the lease / patta is found to have been violated.

(2.) Feeling aggrieved, respondent nos. 3 and 4, herein, preferred subsequent revision being Revision No. 53 of 2002 before the Additional Chief Revenue Commissioner, which was allowed vide judgment dated 01.11.2002 on the ground that delay was condoned by the Record Officer / Collector, Udham Singh Nagar though there was no application seeking condonation of delay. Feeling aggrieved, petitioners have approached this Court by way of filing present writ petition.

(3.) Undisputedly, property, in question, is a Government land and patta / lease was granted under the Government Grants Act in favour of Chand Ram @ Chanar Ram, father of the original petitioners. There is no dispute that lease hold land, under the Government Grants Act, cannot be transferred, by any means, by lessee without seeking prior approval of the Government.