NANKAU Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Dr. L.P.Mihsra, learned Senior Member of Bar assisted by Sri Rajieu Kumar Tripathi, learned counsel for the petitioners and Sri Hemant Kumar Pandey, learned counsel for the State of U.P. as also Sri Pankaj Gupta, learned counsel for the respondent No. 7/Land Management Committee concerned.

(2.) Initially, by means of the present petition, petitioners have assailed the order dtd. 22/12/2009 passed by the respondent No.4-Tehsildar, Mahsi, District-Bahraich, whereby Tehsildar, Mahsi, directed the Revenue Inspector of the vicinity to take possession of the land (gatas in issue mentioned in the order) and place the proposal of allotment of land to eligible persons, and consequential relief was also sought. Thereafter, the petition was amended. It was for the purposes of assailing the orders dtd. 14/12/2009 and 24/2/2010 passed by the respondent No. 9-Commissioner, Devi Patan Mandal, Gonda and respondent No.10-Sub Divisional Magistrate, Bahraich, respectively.

(3.) By the impugned order dtd. 14/12/2009, respondent No.10-Sub Divisional Magistrate, Bahraich allowed the application dtd. 27/3/2008 preferred under Order 9 Rule 13 CPC by State of U.P. and Gaon Sabha-Bhabhnauti Shankarpur through D.G.C. Revenue, District-Bahraich as also another application for restoration of the case, which was filed by one Rajit Ram. The order dtd. 14/12/2009 was assailed by the petitioners in the Revision No. 130, which was filed under Sec. 333 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short "Act of 1950"). The revision filed by the petitioners in relation to the application preferred by D.G.C. Revenue was dismissed by the impugned order dtd. 24/2/2010.