RAM PRASAD Vs. ADDL. COMMISSIONER, JUDICIAL, LKO

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed challenging the order dated 30.11.2016 passed by the Additional District Magistrate/ Collector Sitapur in Suit No.D2016106400525 and also the order dated 08.09.2020 passed in Revision No.C201610002485, by Additional Commissioner (Judicial), Lucknow Division, Lucknow.

(3.) It is the case of the petitioner that he has been allotted a part of Gata No.464/0.405 hectare for cultivation in 1995 as he did not have 3.120 acre agricultural land in the village concerned and fell within the eligibility criteria, on the basis of the Resolution passed by the Gaon Sabha under Sec. 122 B (4) (F) of U.P.Z.A. and L.R. Act, in Case No.25; decided on 15.03,1995 by Sub-Divisional Magistrate Mishrikh, Sitapur. The said land was recorded as 'Pashuchar' or public utility land but was never used as 'Pashuchar'. The name of the petitioner was recorded in the khatauni by an order dated 26.04.1995 and on 31.12.2005, the Sub-Divisional Officer taking into account the Government Order dated 14.09.1995, had passed an order giving transferable right to the petitioner. The name of the petitioner was recorded in the revenue record in plot no.464/0.405 hectare and the petitioner has been cultivating the same till date. After a lapse of more than 21 years, the respondent no.2 had issued a notice under Sec. 128 (1) of the U.P. Revenue Code, 2016 on 09.08.2016. A copy of such notice has been annexed as annexure-8 to the writ petition.