FARJANDA Vs. ADDITIONAL COMMISSIONER JUDICIAL I MORADABAD MANDAL

JUDGEMENT

(1.) By means of the present petition, the petitioner has canvassed the validity of judgment and order dated 17.2.2003 passed by Sub Divisional Officer Najibabad District Bijnor jettisoning objection of the petitioner claiming his right as asami over the land in dispute and also the order dated 17.2.2005 passed by Addl. Commissioner, Moradabad division Moradabad dismissing the revision preferred by the petitioner.

(2.) It would appear that the proceedings were launched for ejectment of the petitioners on the ground that asami Patta executed for a period of five years had already expired and thereafter, the claim of the petitioners was discountenanced at the stage of S.D.O. by order dated 31.5.99, thereafter by order dated 8.5.2001 at the stage of Addl. Commissioner (Judicial)-1 Moradabad Division and subsequently, the petitioners preferred writ petition in this Court and by means of judgment dated 24.9.2002, this Court quashed the two orders aforestated and remitted the matter to the Sub Divisional Officer for decision afresh after affording opportunity of hearing to the parties concerned while granting stay order for a period of four months. After the remand, the petitioners filed objection, which is annexed as Annexure 2 to the writ petition. In the objection, the petitioners specially averred that asami Patta was never granted by Land Management Committee and to the contrary they claimed themselves to be asami since the time of their ancestors and also claimed to be in actual possession over the land in question. The objection also contained averments that Rule 176 A (2) of the U.P. Zamindari Abolition Rules is not attracted to the present case. The objection was further raised about maintainability of proceedings.

(3.) The trial court while considering the materials on record held that from a perusal of Khatauni on record as also the report of Lekhpal/revenue Inspector dated 12th Oct 1988, it is evident that petitioners were recorded in the revenue records as asami Pattedar and that the period of Patta has worked out itself. In revision preferred by the petitioners, the revisional court recorded a finding that the petitioners were recorded as asami Pattedar in column No. 3 over Khasra No. 73 M area 0.885, 75 m area 0.506 and Gata No. 83/281 M. area 0.607 since 1373 fasli. The revisional court relying on a decision reported in 2004 AWC p 122, held that Rule 176 A of the U.P. Zamindari Abolition Rules will apply on all fours to Patta executed prior to amendment in the Rules.