DAYALI Vs. THE ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Sri Chandra Prakash Kushwaha, learned counsel for the petitioners and Sri Dinesh Kumar Tiwari, learned Standing Counsel for the State-respondent Nos. 1,2 and 4 as well as Sri Ambuj Srivastava, Advocate holding brief of Sri Achal Singh, learned counsel for the respondent No. 3.

(2.) Present petition has been filed with the prayer to quash the order dtd. 6/3/2023 passed by respondent No. 1 in Case No. 501/122/2013-14, Computer Case No. C20140700001122 (Dayali and others v. U.P. State), under Sec. 333 of U.P. Z.A. and L.R. Act, 1950 and order dtd. 30/10/1991 passed by respondent No. 2 in Case No. 458 and further direction be issued to expunge the name of State from Gata No. 872 area 0.595 hectare situated at Village Itawan, Tehsil Rajapur, District Chitrakoot.

(3.) It is the case of the petitioner that plot Nos. 872 and 3414/1 have been extended as lease way back in the year 1974 in favour of the petitioners' father and name of the father of the petitioners has been recorded in the revenue record as bhumidhar with non transferable right which is apparent from the record of rights appended with the petition. Thereafter, father of the petitioners executed a sale-deed on dtd. 26/11/1984 in respect of plot No. 3414/1, in pursuance of the registered sale-deed executed by father of the petitioners, mutation proceedings have been initiated by purchaser and the same has been negated vide order dtd. 30/10/1991 by way of giving categorical findings that the possession held by father of the petitioners over the plot No. 3414/1 was under the capacity of bhumidhar with non transferable rights and as such, under Sec. 166 of U.P. Z.A. and L.R. Act, 1950, the sale-deed executed by father of the petitioners became void and plot Nos. 872 and 3414/1 vested with the State. In pursuance of the order dtd. 30/10/1991, revenue records have been modified in shape of entering the name of the State against plot No. 3414/1.