SURPATTI Vs. STATE OF U.P.

JUDGEMENT

(1.) In pursuance of the order of this Court dtd. 25/11/2022, petitioners produced the order of the full Bench passed in Writ Petition No.3849 of 2009 by which it has been held that writ petition arsing out of proceeding under Sec. 122 B of the U.P.Z.A. and L.R. Act would be maintainable under Article 226/227 of the Constitution of India. Although in the present dispute, the dispute is arising out of Sec. 33 / 39 of the U.P. Land Revenue Act.

(2.) Heard Sri Om Prakash Vishwakarma, learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 and 2 and Sri Bhupendra Kumar Tripathi, learned counsel for respondent no.3- Gaon Sabha.

(3.) Brief facts of the case are that Plot No.872 / 137 and Plot No.872 / 138 hectare situated in Village Ram Nagar Updhan, Pargana Garwara, Tahsil Badlapur, District- Jaunpur was recorded in the name of petitioners on the basis of allotment made in favour of petitioners on 29/1/1993 for agriculture purpose as petitioners belong to Scheduled Castes Community and come under the landless agriculture labour. Petitioners were handed over the possession on 13/6/1993 of the plot on the basis of allotment made in favour of the petitioners. The allotment was also approved by the Sub-Divisional Magistrate in accordance with law. The petitioners are cultivating the land in dispute on the basis of allotment made in their favour. The copy of the allotment, approval by the Sub-Divisional Magistrate, revenue records as well as possession certificate have been annexed as Annexure Nos.1 to 5 to the writ petition. Without initiating any proceeding for cancellation of petitioners' allotment, the summary proceeding under Sec. 33/39 of U.P. Land Revenue Act has been initiated and without affording opportunity of hearing to the petitioners, the petitioners' entry has been expunged on the ground that the plot in dispute comes under public utility land, hence this writ petition on behalf of the petitioners.