MOHD RIYAZ Vs. STATE

JUDGEMENT

(1.) THE petitioners contend that their name has been expunged in a miscellaneous proceeding from the land records on a report submitted by the Tehsildar, taking a ground that the land is of the category as defined under Section 132 of the U.P. Z.A. & L.R. Act, 1950, that is to say a public utility land and hence the petitioners cannot claim any tenancy rights over the same.

(2.) THE aforesaid action was carried out presumably on the basis of the general directions given by the High Court in Civil Misc. Writ Petition No. 47176 of 2009, decided on 8.9.2009. A copy of the judgment has been produced before the Court. The relevant part of the judgment is quoted herein below:-

(3.) LEARNED Standing Counsel and the learned counsel for the Gaon Sabha both have raised a preliminary objection to the maintainability of the writ petition on the ground of availability of an alternative remedy of filing a revision against the impugned order under the provisions of the U.P. Land Revenue Act, 1901, read with the provisions of the U.P. Z.A. & L.R. Act, 1950.