ZAHID Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Mr. Manish Dev Singh, learned counsel for the petitioners, Mr. Anjani Kumar Chaurasia, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sunil Kumar Singh, learned counsel for respondent No. 4, Land Management Committee.

(2.) Brief facts of the case are that residential lease was executed in favour of petitioners along with others on 18/8/1990 which was approved on 29/1/1991. In pursuance lease executed on 8/8/1990/ 29/1/1991 possession was delivered to petitioners along with other lease holders. Proceeding under Sec. 115-P of U.P.Z.A. and L.R. Act was registered before the Collector as Case No. 42 of 1994 and the same was heard by Additional District Magistrate, Finance and Revenue who vide order dtd. 8/5/2001 cancelled the lease executed on 18/8/1990/ 29/1/1991. Petitioners challenged the order dtd. 18/5/2001 through revision before Commissioner along with the prayer for condonation of delay. Learned Commissioner entertained the matter and stayed the operation of impugned order dtd. 18/5/2001 till time bound period but on next date interim order was not extended hence petitioners filed revision before Board of Revenue which was registered as revision No. 82 of 2007- 08. Board of Revenue vide order dtd. 8/7/2008 remanded the matter before Commissioner to decide the pending revision within period of three months and parties were directed to maintain status quo till then. After remand the revision was dismissed for non-prosecution before Commissioner vide order dtd. 6/8/2008. On 1/9/2008, petitioners filed restoration/ recall application to recall the order dtd. 6/8/2008 which was again dismissed for non prosecution on 22/6/2009. Petitioners again filed restoration application on 24/12/2010 along with the prayer for condonation of delay which was dismissed by Commissioner vide order dtd. 8/6/2011. Petitioners filed a Writ-C No. 57670 of 2011 challenging the order dtd. 8/6/2011 which was dismissed vide order dtd. 30/9/2011 on the ground of alternative remedy of revision before Board of Revenue accordingly petitioners filed a revision under Sec. 333 of U.P.Z.A. and L.R. Act before Board of Revenue which was dismissed vide order dtd. 8/12/2011. Hence this writ petition for the following reliefs:-

(3.) This Court entertained the matter on 4/1/2012 and passed the following order :