RAZIA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Mr. Santosh Kumar Tiwari, learned counsel for the petitioner, Mr. Satyendra Nath Srivastava, learned Additional Chief Standing Counsel appearing for the State respondents and Mr. Deepak Gaur, learned counsel appearing for the respondent Gram Sabha.

(2.) Brief facts of the case are that on 23/12/1990, petitioner along with 37 others were granted lease in respect to plot in dispute situated in Village-Panari, Pargana and Tehsil- Lalitpur, District- Lalitpur. Out of 38 lease only 14 lease were approved in which petitioner's lease was also approved. On the basis of private complaint proceedings under Sec. 198(4) of U.P.Z.A. and L.R. Act were initiated and registered before Additional District Magistrate Lalitpur and petitioner's case was registered as Case No. 180/91-92 (State v. Rajia along with 13 others), case against respective leaseholders. Respondent No. 3/ Additional District Magistrate heard all the 14 cases for cancellation of lease and vide order dtd. 28/12/1992 lease of all the 14 lease holders including petitioner was cancelled. Petitioner and 13 others have filed their revision under Sec. 333 of U.P.Z.A. and L.R. Act before Commissioner and the revision filed by petitioner was registered as Revision No. 23/272 of 1992-93. Respondent No. 2/ Additional Commissioner vide order dtd. 13/3/1994 made reference before respondent No. 1/ Board of Revenue to set aside the order dtd. 28/12/1992 so far as it relates to petitioner and 7 other lease holders but in respect to remaining lease holders/ revisionist, the revisions were dismissed. Respondent No. 1/ Board of Revenue heard the revisions on the basis of reference sent by respondent No. 2 and vide order dtd. 30/4/1996 rejected the reference as well as dismissed the revision affirming the order dtd. 28/12/1992 passed by respondent No. 3. Review petition filed by petitioner was also rejected by respondent No. 1/ Board of Revenue vide order dtd. 3/2/2005, hence this writ petition has been filed for the following reliefs:

(3.) This Court has entertained the writ petition on 23/9/2005 and granted interim order on 23/9/2005 which is as under :