RAM SANEHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Chandra Bhushan Singh, learned counsel for the petitioners, Sri Manoj Kumar Sahu, learned counsel for the contesting respondent, Sri L.K. Tripathi, learned Additional Chief Standing Counsel for the State Respondents and Sri Deepak Gaur, learned counsel for respondentland Management Committee.

(2.) Brief facts of the case are plot Nos. 2384 and 2385 situated in Mauja Musmariya, Tehsil Kalpi, Distric Jalaun, (old number 2151/1 area 0.80 acre, 2152/2 area 0.28, acre total area 2.08 acre) was recorded as Navin Parti and Parti Kadeem respectively in revenue records. Plot Nos. 2384 Kha and 2385 area 1.08 acre was recorded in the name of Ram Das and plot No. 2384 area 1.0 acre was recorded in the name of Ram Sanehi in the revenue records who are petitioners in the instant writ petition on the basis of lease executed in favour of petitioners on 29/12/1985 as approved on 8/10/1986. According to petitioners lease was executed in favour of petitioners after following the due process of law. Respondent No. 5 and father of respondent Nos. 6 to 10 filed an application for cancellation of petitioners lease on 9/11/1992 and the same was dismissed on 26/11/1997. Against the order dtd. 26/11/1997 respondent No. 5 and father of respondent Nos. 6 to 10 filed revision before the Revisional Court which was allowed vide order dtd. 2/4/2003 setting aside the order dtd. 26/11/1997 and matter was remanded back before trial Court to decide the lease cancellation application afresh.

(3.) In pursuance of the revisional order dtd. 02/4/2003 matter was heard before additional Collector who vide order dtd. 28/11/2004 maintained the lease executed in favour of the petitioner and rejected the lease cancellation application filed by contesting respondents. Against the order dtd. 28/11/2014 respondent No. 5 and respondent Nos. 6 to 10 filed revision before the Commissioner which was heard by Additional Commissioner, Jhansi Division, Jhansi.