MEHARBANO Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri D.V. Jaiswal for the petitioners. The writ petition has been filed against the order of Collector Rampur dated 28.5.2010 by which the application of the petitioners for mutation on the basis of Z.A. Form 58 has been rejected and the matter was remanded to Sub -Divisional Officer with the direction that if the petitioners were in possession over the land in dispute the possession would be handed over to the Gram Samaj so that the land in dispute could be allotted to the eligible persons and the order of the Additional Commissioner dated 19.2.2014 dismissing the revision from the aforesaid order.

(2.) ON the allegation that the land in dispute was allotted to the petitioners by the Land Management Committee in the year 1987, the petitioners filed an application on 29.8.1996 for recording their names over the land in dispute on the basis of pattas executed by the Land Management Committee. The Additional Collector by the order dated 20.1.2005 rejected the application of the petitioners. Additional Collector found that photostat copy of the pattas produced by the petitioners did not bear the signature of the Sub -Divisional Officer and there was nothing on the record to show that the resolution passed by the Land Management Committee dated 28.12.1986 was approved by the Sub -Divisional Officer. In such circumstances as the mutation application was highly belated, it was rejected by the Additional Collector. The petitioners challenged the aforesaid order in Revision No. 78/06 -07 under section 333 of U.P. Act No. 1 of 1951, before the Additional Commissioner (Judicial), Moradabad, who by order dated 28.5.2008 allowed the revision, set aside the order dated 20.1.2005 and remanded the case to the Court below for decision in accordance with law.

(3.) I have considered the arguments of the Counsel for the petitioners and examined the record.