JAGDISH SINGH Vs. BOARD OF REVENUE ALLAHABAD

JUDGEMENT

(1.) Heard Mr. O.P. Pandey, learned counsel assisted by Shri A.K. Mishra, learned counsel for the petitioners and Mr. D.V. Jaiswal, Advocate assisted by Mr. Pradeep Kumar, counsel for respondent No.4.

(2.) Brief facts of the case are that old Plot No.138m area 0.9 acre and 520m area 0.14 acre, allotted plot no.262 (New Plot No.448m area 0.17 hectare situated in Village Illahabad, Tappa Banki, Pargana, Haveli Tehsil - Sadar, Gorakhpur, now Maharajganj. Petitioners are in possession over Plot Nos.138 and 520 (new Plot No.448) even prior to the consolidation operation and also during consolidation operation, petitioners are in possession of the aforementioned plot and are cultivating the same. During consolidation operation allotted plot No.262 (new Plot No.448) was carved out. C.H. Form No.41 has been annexed along with the writ petition as Annexure No.1 to the writ petition. Aforesaid old Plot No.138m area 14 decimal and 520m area 14 decimal was recorded as matrook. Consolidation Officer, Gorakhpur, vide order dtd. 4/7/1984 passed the order in favour of petitioner and expunged the entry of matrook in respect to disputed plot. Consolidation Officer has also ordered that the plot be recorded in the name of the Jai Nath Singh s/o Ram Raj (father of the petitioner No.1 and grandfather of petitioner No.2). Order dtd. 4/7/1984 passed in Case No.14570/452 has been implemented and reference Case No.649 dtd. 20/4/1985 was initiated and on the basis thereof, revision No.649 was registered before the Deputy Director Consolidation. Deputy Director Consolidation approved the report referred to him by Consolidation Officer. In pursuance of the order of Deputy Director Consolidation approving the report, the Old Plot No.262m (New Plot No.448) was entered in Chak No.80 of the petitioners. Area was accordingly deducted from naveen parti of Chak No.294. In pursuance of the order dtd. 4/7/1984 and implementation order dtd. 25/4/1985 passed in Case No.2091 as well as Reference Order dtd. 29/5/1985 passed in Revision No.649, the final records have been prepared in the name of the petitioners.

(3.) Copy of the Khatauni has been annexed as Annexure No.4 to the writ petition in order to demonstrate that plot No.448m area 0.17 has been recorded in the name of Jai Nath (father of petitioner No.1). Plot No.448 was not recorded as Gram Sabha land nor it was vacant land even then the patta was alleged to be executed in favour of respondents No.4 to 10 under Sec. 19(5) of the U.P.Z.A. and L.R. Act. According to petitioners, contesting respondents Nos.4 to 10 are not in possession of disputed Plot No.448 nor patta was executed in the name of contesting respondent. Petitioners filed an application for cancellation of patta on 13/2/1985 against the alleged allotment order made in favour of respondent Nos.4 to 10 taking specific ground that disputed plot was not vacant nor disputed plot was recorded as Gaon Sabha plot at the relevant point of time as such the patta is liable to be cancelled. Respondent No.3, vide order dtd. 31/12/1987, rejected the application filed by petitioners for cancellation of patta. Petitioners filed revision No.710 of 1995 on 16/1/1988 before the Commissioner against the order dtd. 31/12/1987, the Commissioner, Gorakhpur Division, Gorakhpur through its order dtd. 27/8/1988 dismissed the revision filed by petitioners. Petitioners challenged the order of the Additional Commissioner through revision before the Board of Revenue in which initially interim order was granted but subsequently, Board of Revenue after hearing the parties dismissed the revision vide order dtd. 25/5/2002. Petitioners filed review petition before the Board of Revenue against the order dtd. 25/5/2002 which was rejected vide order dtd. 28/2/2018 on the ground of limitation. Hence, this writ petition.