RAMPATI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Vijay Kumar, learned counsel for the petitioner. Learned Standing Counsel appears for respondent Nos. 1, 2, 3 and 4.The respondent No. 5 Gaon Sabha is represented by Sri Sudhir Bharti, learned counsel.

(2.) This writ petition has been filed with the following prayers:

(3.) It appears from perusal of the writ petition that the petitioner filed a suit under Sec. 229B of the U.P.Z.A. and L.R. Act, 1950, Act, 1950. for declaration that he be declared as Bhumidhar with nontransferable right in respect of the property in question which is plot No. 228 area 0.093 hectare claiming that he is a member of scheduled caste. By an order dtd. 23/5/1999, the Sub Divisional Officer, Basgaon, district Gorakhpur directed that the name of the petitioner/plaintiff be recorded as a Bhumidhar with nontransferable rights and the revenue record be accordingly amended. It is stated that some villagers, who were not parties to the case, filed an appeal before the Commissioner, Gorakhpur Division, but the appeal was dismissed in default on 13/3/2003 and against which no recall application was filed by the Gaon Sabha nor any appeal or revision was filed before the competent court. It is stated that thereafter, on 31/3/2003, the Sub Divisional Officer passed an order declaring the petitioner to be Bhumidhar with transferable rights. It is stated that the petitioner has fulfilled the criteria of subsection (4F) of Sec. 122B of the Act, 1950. It is stated that thereafter, the petitioner is cultivating the said plot, but after 15 years, a third person, namely, Rakesh Yadav and others filed an application dtd. 22/12/2014 before the Sub Divisional Officer against the order dtd. 23/5/1999 without any delay condonation application and by order dtd. 9/3/2015, the Sub Divisional Officer set aside the order dtd. 23/5/1999 without any show cause notice or opportunity of hearing to the petitioner.