SHYAM BIHARI YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Counsel for the petitioners is permitted to implead the Gaon Sabha as respondent No. 5 and shall serve the copy upon Mr. Rameshwar Prasad Shukla, learned counsel for respondent-Gaon Sabha.

(2.) Heard Mr. R.C. Upadhyay, learned counsel for the petitioners, Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent No. 5, Gaon Snabha.

(3.) Brief facts of the case are that lease for agriculture purpose was executed in favour of private respondents on 5/6/1994 in respect to plot Nos. 73/ 0.042, 168/ 0.055, 271/ 0.272, 280/ 0.111. Proceeding for cancellation of lease executed on 5/6/1994 under Sec. 198 (4) of U.P.Z.A. and L.R. Act initiated by one Sommar was dismissed vide order dtd. 11/9/2003. Sommar challenged the order dtd. 11/9/2003 through revision under Sec. 333 of U.P.Z.A. and L.R. Act before Commissioner which was partly allowed by Commissioner vide order dtd. 19/11/2004 cancelling lease of Durgawati for part of the area. A restoration application dtd. 7/6/2019 filed by D.G.C. (Revenue) after 14 years 6 months against the order dtd. 19/11/2004 was rejected by Commissioner vide order dtd. 19/1/2023 hence this public interest litigation on behalf of petitioners being resident of Village for the following reliefs :