BAL KISHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri M.D.Singh Shekhar, learned senior counsel assisted by Sri A.K.Srivastava holding brief of Sri R.D.Tewari, learned counsel for the petitioners, learned standing counsel for the State -respondents and Sri A.K.Umrao holding brief of Sri M.N.Singh, learned counsel for respondent no.5.

(2.) BY means of this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 28.10.2013 passed by the Sub Divisional Officer, Tehsil Dhaulana, district Hapur in case No. 02 of 2013 (Bal Kishan Vs. State) by which the petitioners' application seeking benefit of section 131 -B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short the Act), to be declared them as Bhumidhar with transferable right, has been rejected.

(3.) IT appears, thereafter the petitioners' application has been rejected by the impugned order dated 28.10.2013 taking note of the fact of the pendency of the application seeking recall of the order dated 6.4.2011 passed in Writ C No. 14660 of 2003 (Bal Kishan and others vs. Uppar Aayukta, Meerut and others). It appears with respect to land in dispute which is situated at Khasra No. 694 measuring 1.158 Hectare the petitioners have filed a suit under section 229 B of the Act which was numbered as Original Suit No. 21/18 of 2001. In the aforesaid suit Sharafat, Saukat and Liakat have filed an application seeking impleadment of their names in the pending suit but their application was rejected. Against that order they have preferred revision before the Commissioner of the Division. Pending revision the suit filed under section 229 -B of the Act was decreed on 11.9.2002. It appears, thereafter the revision filed by Sharafat, Saukat and Liakat was allowed. It is contended that by the judgment and decree dated 11.9.2002 passed in original Suit No. 21/18 of 2001 has not been set aside. Present petitioners have challenged the order dated 30.11.2002 passed by the Additional Commissioner, Meerut Division, Meerut allowing revisions nos. 21 of 2001 and 56 of 2003 filed by Sharafat, Saukat and Liakat by which the order rejecting the impleadment application was set aside and they were directed to be impleaded in the suit. The writ petition was allowed by this Court on 6.4.2011.