BHOORI DEVI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Prem Sagar Verma, learned counsel for the petitioners, Sri Krishna Kant Singh, learned counsel for Gram Sabha-respondent no.3 and learned Standing Counsel for the State-respondent nos. 1 and 2 at the admission stage.

(2.) This is a highly belated writ petition challenging the order dtd. 17/7/2014 passed by the Board of Revenue, UP Circuit Court, Agra (respondent no.1) and order dtd. 4/9/2009 passed by the Additional Collector (Administration), Aligarh (respondent no.2) in a proceeding under Rule 115-P of Uttar Pradesh Zamindari Abolition and Land Reforms Rules (in brevity U.P. Z.A Rules).

(3.) Instant writ petition is arising out of lease cancellation proceeding under Rule 115-P of Z.A Rules. Land in question, subject matter of lease, are recorded as pasture land in the revenue record. Gaon Sabha, vide resolution dtd. 17/3/1996, proposed to change the entry of land in question from pasture land to Banjar, so that it could be allotted for Abadi site. UP- Ziladhikari had approved the said resolution by its order dtd. 11/4/1996. Later on, Gaon Sabha has passed resolution dtd. 19/6/1997 proposing the allotment of land for Abadi site in favour of 39 persons including the Bhoori Devi (mother of the present petitioners). Respondent no.3 had accorded approval to said resolution dtd. 19/6/1997 by its order dtd. 22/6/1997. On the lease cancellation application, having being filed, trial court, vide order dtd. 1/6/2001, had upheld the allotment made in favour of allottees except eight (08) allottees including the Bhoori Devi (mother of the petitioners). On revision being filed, Additional Commissioner (Judicial), Agra has set aside the order dtd. 1/6/2001 and remitted the matter before trial court, vide its order dtd. 30/12/2003. After remand, trial court, by its order dtd. 30/4/2005, had cancelled the lease granted in favour of all allottees. Second time again, revision court, vide order dtd. 10/12/2008, had remitted the matter before trial court to decide the validity of lease afresh after giving proper opportunity of hearing to the allottees.