RAMJI Vs. STATE OF U. P.

JUDGEMENT

(1.) The aforesaid writ petition has been filed seeking the following reliefs:-

(2.) The properties in dispute are Plot Nos.1017/2 and 1018 in Village-Mulhawan (Gosaipur), Tehsil-Sadar, District Mirzapur. The case of the petitioners is that their predecessor-in-interest, namely Ganesh Prasad, was recorded to have been in possession of the plots in dispute in the khatauni of 1359 fasli. Consequent to the enactment of the U.P. Zamindari Abolition and Land Reforms Act, 1950 Act, 1950 all estates were vested in the State with effect from 1/7/1952 which corresponds to the fasli year 1359. It is stated that in the basic year khatauni 1359, the name of the aforesaid Ganesh Prasad was recorded

(3.) On a complaint filed by the respondent no.5, proceedings under Sec. 33/39 of the U.P. Land Revenue Act, 1901.,Land Revenue Act were initiated and the Tehsildar submitted a report on the direction of the Sub- Divisional Officer concerned. An objection was filed by the petitioners before the Sub-Divisional Officer and the petitioners also contested the case before the Sub-Divisional Officer. By the impugned order dtd. 16/9/2013, the Sub-Divisional Officer directed the names of the petitioners to be struck off from the revenue records and the words 'talab' and 'bheeta' be incorporated in the revenue records over the plots in dispute. The revision filed by the petitioners against the order of the Sub-Divisional Officer dtd. 16/9/2013 was dismissed by the impugned order dtd. 19/10/2022 passed by the Board of Revenue.