RAJESHWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Jitendra Prasad Kushwaha, learned Counsel for the petitioners, learned Standing Counsel appearing for the State -respondents, Sri Vijai Bhan Singh, holding brief of Sri R.C. Upadhyay, learned Counsel for the Gaon Sabha and Sri D.J. Singh, learned Counsel appearing for respondent No. 3. Through this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the part of the order dated 28.10.2013 passed by the learned Member, Board of Revenue in revision No. 133 of 2007 -08 (Rajeshwari v. State).

(2.) LEARNED Counsel for the representing respondents states that this writ petition may be decided on its own facts, as they do not propose to file any counter affidavit.

(3.) THE facts giving rise to this case are that few lease were executed in favour of number of persons including the petitioners, pursuant to the resolution of the gaon sabha dated 29.8.2006. Seeking cancellation of the lease, an application was filed under sub -section (4) of section 198 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short, 'the Act') by Sri Phagoo along with two other persons claiming themselves to be washermen by caste on the ground that the land in dispute falls under section 132 of the Act and is in the shape of bhita and pond, therefore, no allotment could be made thereon. The Sub Divisional Officer after issuing notice to the lease holders and after hearing the parties cancelled the lease vide order dated 23.8.2008 on the ground that the land in dispute is land of public utility, therefore, no allotment could be made on such land.