RAM ADHAR Vs. BOARD OF REVENUE ALLD

JUDGEMENT

(1.) HEARD Sri Ram Singh, for the petitioners and Standing Counsel for State of U.P., Sri Anuj Kumar, Standing Counsel for Gram Panchayat.

(2.) THE writ petition has been filed against the orders of Deputy Collector dated 09.12.2003, dismissing the suit of the petitioners, under Section 229 -B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act), Additional Commissioner dated 31.05.2005 and Board of Revenue, U.P. dated 11.07.2014, dismissing appeal and revision of the petitioners.

(3.) RAM Adhar and Chunna (the petitioners) filed a suit (registered as Suit No. 89/85) under Section 229 -B of the Act, for declaring them as 'bhumidhar with transferable right' of plots 526 -gha (area 3 -10 -0 bigha) (old plot -1075), 540 -ka (area 1 -17 -0 bigha) (old plot -1082), 541 -kha (area 0 -19 -10 bigha) (old plot -1092), 559 (area 0 -5 -0 bigha) (old plot -1085), 577 -kha (area 1 -17 -0 bigha) (old plot -1103/2) and 598 (area 0 -5 -0 bigha) (old plot -1114/2) (total area 8 -13 -10 bigha) of village Garauti, pargana and district Banda. It has been stated in the plaint that the land in dispute was holdings of the petitioners since before date of vesting. After date of vesting they had become its bhumidhar. The petitioners were throughout in possession of the land in dispute. Lekhpal illegally recorded the land in dispute as banjar in the revenue records. The petitioners could not know about this mistake during consolidation. It is only in October, 2000, when they took extract of khatauni then they came to know about the mistake. The suit was filed on 05.03.2001.