LAWS(ALL)-2013-10-134

SANT LAL Vs. STATE OF U.P.

Decided On October 28, 2013
SANT LAL Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD Sri Om Prakash Mishra, counsel for the petitioners and Standing Counsel for State of U.P. and Sri Manoj Kumar Yadav, Standing Counsel for Gaon Sabha, for the respondents.

(2.) THE writ petition has been filed against the orders of Additional Collector (Revenue)/District Deputy Director of Consolidation (respondent -3) dated 30.06.2006 and 27.04.2013 and order of Chief Revenue Officer, Jaunpur dated 21.07.2012, deleting the names of the petitioners from the land in dispute and recording it as talab land of Gaon Sabha and rejecting the application of the petitioners for recall of the order dated 30.06.2006.

(3.) THAT the petitioners filed an application dated 27.02.2010 for recall of the order dated 30.06.2006. The petitioners have stated that the disputed land was left as 'naveen parti' in the previous consolidation, held in the village. Thereafter the disputed land was allotted to them by Gaon Sabha in the year 1967 and their names were recorded as sirdar over the respective area of the land allotted to them, by the order of Sub -Divisional Officer, in the year 1967, on the basis of the pattas. The petitioners have become bhumidhar of the disputed land. The disputed land was not the talab land but 'naveen parti'. The recall application was heard by Chief Revenue Officer, Jaunpur, who by order dated 21.07.2012, rejected the recall application in default. The petitioners filed another application dated 24.07.2012 for recall of the order dated 21.07.2012, which was rejected by Additional Collector (Revenue) by the order dated 27.04.2013. Hence this writ petition has been filed.