ZAKIR HASAN Vs. BOARD OF REVENUE U. P.

JUDGEMENT

(1.) Heard Mr. Mohit Kumar holding the brief of Mr. Ajit Kumar, learned counsel for the petitioners, Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State-respondents and Mr. Vivek Mishra, learned counsel appearing for respondent no.2-Nagar Palika Parishad now Nagar Nigam Saharanpur.

(2.) Brief facts of the case are that petitioners' father Tahir Hasan was the Zamindar of the plot situated in Khewat No.6/1 and 6/2 Mahalgar Daiyan, Village-Khan Alampura, Pergana, Tehsil and District Saharanpur. The aforementioned plots were situated initially under Nagar Palika Parisahd Saharanpur now Nagar Nigam Saharanpur. In the khatauni of 1371 fasli (1963-64) the plots were recorded as khudcast of petitioners' father Tahir Hasan and entry continued till the death of Tahir Hasan which took place on 15/12/1977. Petitioners being son of Tahir Hasan (recorded tenure holder) applied for mutation and Tehsildar passed an order for mutation on 19/9/1981 for recording the names of petitioners in the place of deceased Tahir Hasan. Against the order of mutation dtd. 19/9/1981 Nagar Palika Parisahd Saharanpur filed a restoration application which was allowed on 13/6/1984 and mutation case was restored on 13/6/1984 for fresh adjudication on merit. Tehsildar again heard the matter in presence of Nagar Palika who set up his case on the basis of sale deed alleged to be executed on 7/5/1963 in favour of Nagar Palika by Tahir Hasan and vide detailed order dtd. 27/8/1990 directed that petitioners are entitled to be recorded in the place of their father Tahir Hasan as petitioners are in possession over the plots in dispute and Nagar Palika Parisahd has not taken any steps for recording his name on the basis of sale deed executed long back in the year 1963. Appeal filed by Nagar Palika Parisahd under Sec. 210 of U.P. Land Revenue Act was dismissed on 14/8/1991 by Sub Divisional Officer. Revision under Sec. 219 of U.P. Land Revenue Act filed by Nagar Palika Parisahd was dismissed on 6/2/1992 by Additional Commissioner Meerut Division Meerut. Nagar Palika Parisahd applied for fresh mutation of his name in the year 1991 after 29 years on the basis of sale deed alleged to be executed by Tahir Hasan on 7/5/1963 which was allowed by Tehsildar vide order dtd. 22/12/1992 in arbitrary manner without affording opportunity of hearing to the petitioners as well as without setting aside the earlier mutation order passed in favour of petitioners as earlier mutation order passed in favour of petitioners had attained finality. Petitioners applied for restoration against the order dtd. 22/12/1992 which was set aside on 17/3/1993 and the case was restored for fresh decision. Tehsildar vide subsequent order dtd. 7/7/1993 again allowed the application of Nagar Palika Parisahd filed on 7/7/1993 and restored the earlier exparte mutation order dtd. 22/12/1992. Petitioners challenged the order dtd. 7/7/1993 through revision before Commissioner which was dismissed on 30/9/1993 by Additional Commissioner. A revision under Sec. 219 of U.P. Land Revenue Act was filed on behalf of petitioners before Board of Revenue which was entertained on 20/10/1993 and interim was also granted. Board of Revenue finally heard the revision filed by petitioners and dismissed the same vide order dtd. 30/10/2006, hence, this writ petition on behalf of the petitioners challenging the impugned order dtd. 30/10/2006, 30/9/1993 and 7/7/1993.

(3.) This court entertained the matter on 20/12/2006 and granted interim order which runs as follows :-