RAJIT RAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri Mohan Singh, learned counsel for the Gram Sabha and Sri Hemand Kumar Pandey, learned Additional Chief Standing Counsel and perused the record.

(2.) The present writ petition has been preferred for quashing of the impugned judgment/order dtd. 8/1/2024 passed by Respondent No. 4 in Revision No. 1202/2023 (Rajit Ram v. State of U.P. and others) under Sec. 333 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred as 'the Act, 1950') and impugned order dtd. 22/5/2023 passed by Respondent No. 6 rejecting the application for recall dtd. 9/6/2022 in Case No. 161/215/54/210 filed under Sec. 229-B of the Act, 1950 and with a further prayer to direct the respondent not to disturb the peaceful possession of the petitioner on Gata No. 233 of area 0.316 hectares which is in possession of the petitioner for about 20 years, situated at Village Kondari, Pargana Haveli and Tehsil - Sadar, District - Faizabad/ Ayodhya, and further to direct the Respondent No. 4 to rehear / reconsider the Revision No. 1202/2023 on merits and also direct the Respondent No. 6 to decide the suit for declaration under Sec. 229-B of the Act, 1950 after restoring the same to its original number by allowing the application for recall dtd. 9/6/2022 after condoning the delay, on merits expeditiously.

(3.) Learned counsel for the petitioner has submitted that the petitioner has continuously been in possession of Gata No. 233 area 0.316 hectare for last 20 years which is entered as Naveen Parti Land of Gram Sabha in the revenue records. In pursuance of Sec. 122-B (4-F) of the Act, 1950, the petitioner being a schedule caste having occupied it from or before May, 13, 2007 i.e. prior to 5/5/2007 would be Bhumidhar, Sirdar or Asami but when the Gaon Sabha was interfering in possession of the petitioner, the petitioner filed a suit under Sec. 229-B of the Act, 1950.