RAJ SINGH Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Manish, learned Counsel for the Petitioner.

(2.) The Petitioner is aggrieved by the order dated 27.5.2005 (Annexure-6 to the writ petition) passed by the Sub-Divisional Officer, Sadar, district Gautambuddh Nagar in proceedings under Section 33/39 of the Land Revenue Act as also the order dated 28.11.2005 (Annexure-7 to the writ petition) passed by the Additional Commissioner (Administration), Meerut Region, Meerut rejecting his revision under Section 219 of the Land Revenue Act.

(3.) Learned Counsel for the Petitioner has submitted that a patta was executed in favour of the Petitioner on 1.4.1984 relating to khasra Nos. 1847 and 1848 total area 0.544 and 0.721 hectare, which was duly approved by the Sub-Division Magistrate, Sadar, Gautambuddh Nagar and possession was given to the Petitioner. The Petitioner was thereafter recorded in the revenue records accordingly. He states that the Tehsildar gave a report regarding the land in question by stating that the entry in the revenue record is forged. According to learned Counsel for the Petitioner, the entry in the revenue record was illegally expunged by virtue of the incorrect report dated 26.12.2001 given by the Tehsildar. He states that both the authorities have not taken into account the fact that the Petitioner had produced the patta and the revenue entries and there was no reason for the authority to hold that the patta was forged or that the revenue entries were illegal. He states that in proceedings under Section 33/39 of the Land Revenue Act the question of patta cannot be decided and by holding that the patta is forged, the authorities have committed a jurisdictional error. He has also submitted that if the patta of the Petitioner was required to be cancelled the recourse could have taken under Section 198 of the U.P.Z.A. and L.R. Act but the same could not have been done under Section 33/39 of the Land Revenue Act. For the aforesaid reason, learned Counsel for the Petitioner states that the impugned orders are liable to be set aside.