SANTOSH KUMAR Vs. BOARD OF REVENUE U.P.

JUDGEMENT

(1.) Heard Mr. V. Singh, learned counsel for the petitioners, Dr. Akhilesh Kumar Sharma, learned counsel for respondent nos.8 & 10, learned Standing Counsel for respondent nos. 1 to 4 and learned counsel for the Gaon Sabha, Agra.

(2.) The brief facts of the case are that Plot No.420 area 5 bigha 4 biswa situated in Village- Tehra, Tehsil-Kheragarh, District- Agra was the bhumidhari land of Ram Singh, Data Ram and Smt. Kashi wife of Pitam Singh having 1/3 share each. Dispute before the consolidation Court is still pending for adjudication in respect to plot in dispute. Respondent nos.7 to 10 filed an application on 24/8/2011 before Sub-Divisional Officer for grant of lease of land which has been reserved as public abadi. Accordingly, a report was called for from the revenue authorities who submitted a report dtd. 26/8/2011 that Land Management Committee refused to pass resolution for grant of lease, as such, Sub-Divisional Officer on suo moto basis can grant lease of Plot No.902 area 0.0460 hectare in favour of respondent nos.7 to 10, the Sub-Divisional Officer by order dtd. 28/8/2011 approved as proposed. Petitioners have moved an application on 18/11/2011/ 21/11/2011 before Collector / District Magistrate for cancellation of lease granted in favour of respondent nos.7 to 10, the report was called for from the Revenue Authorities who submitted their report dtd. 16/7/2012 / 23/7/2012. District Magistrate / Collector vide order dtd. 1/10/2012 rejected the petitioners' application dtd. 18/11/2011 / 21/11/2011 as not maintainable. Petitioners challenged the order dtd. 1/10/2012 through revision under Sec. 333 of U.P.Z.A. and L.R. Act before Board of Revenue- respondent no.1 which was dismissed vide order dtd. 6/9/2013 as not maintainable under Sec. 333 and 333 A of U.P.Z.A. and L.R. Act against the order passed by Collector in the proceeding under Sec. 122 C (6) of U.P.Z.A and L.R. Act. Hence, this writ petition on behalf of petitioners.

(3.) Laches reported by stamp reporter has been sufficiently explained in Paragraph No.42 of the writ petition.