IZHARUL Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri R. C. Yadav for the petitioner. The writ petition has been filed against the order of Consolidation Officer (CO) dated 5.4.2011 and order of Deputy Director of Consolidation (DDC) dated 5.7.2012 passed in title proceedings. The Pradhan moved an application u/s 42A of the Act for deleting the name of the petitioner from the land in dispute and restoring it as the land of Gaon Sabha. The application was contested by the petitioner and he has stated that the land in dispute was allotted to him with the approval of SDO, Azamgarh on 15.12.1975. Accordingly, he is allottee of the Gaon Sabha and his name is not liable to be deleted. The CO by order dated 4.2.2011 found that according to Government Order, the allotment of the petitioner is for a limited period, accordingly, the land in dispute is liable to be restored in Gaon Sabha, after deleting the name of the petitioner and the name of the petitioner has been deleted from the land in dispute and it was restored in Gaon Sabha. The petitioner filed a revision (registered as Revision No. 978) from the aforesaid order, which has been dismissed by the order dated 5.4.2011.

(2.) THE counsel for the petitioner submitted that the land in dispute was validly allotted by the Land Management Committee with the approval of SDO, on 15.12.1975 and his name was rightly recorded over the land in dispute. No objection has been filed by Gaon Sabha u/s 9 of the Act. The order passed in exercise of powers u/s 42A of the Act was illegal. A perusal of CH Form 23 filed as Annexure -2 to the writ petition, shows that the land in dispute was the pasture land and provisions of Section 132 of the Act is fully applicable over it. Rule 176A which was inserted w.e.f. 1.11.1975 provides that no lease shall be made to an Asami for a period exceeding five years. It further provides that the lease granted prior to insertion of this Rule shall be limited for a period of five years. Thus, under Rule 176A, the term of the lease of the petitioner has been limited to five years only. Since the patta was granted on 15.12.1975, as such, after expiry of period of five years, the petitioner has no right to remain in possession over the land in dispute. The property belongs to Gaon Sabha and it has been rightly restored in the Gaon Sabha by the impugned orders. No interference is required by this Court. The writ petition has no merit and is dismissed.