INDAL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Shriprakash Srivastava learned counsel for the petitioner, Sri Tariq Maqbool Khan for the respondent no. 3 and learned Standing Counsel for the State respondents. This writ petition has been filed seeking the following relief:

(2.) THE case expeditious disposal whereof has been sought by means of this writ petition has been preferred under Section 123 (1) of the U.P. Zamindari Abolition and Land Reforms Act, 1950. This case has been instituted in the year 2011. It has been alleged therein that Plot no. 92 area 0.121 hectare is entered in the revenue record as Khalihan. The petitioner alleges that portion of this plot is Abadi on the spot and this Abadi is the ancestral Abadi of the petitioner. The petitioner and his ancestors were in possession over this portion since prior to the abolition of the zamindari. It has therefore been prayed that an area of 0.024 hectare of Plot no. 92 be recorded as Abadi after expunging the entry of Khalihan.

(3.) WHEN the matter initially came up for admission learned counsel for the petitioner was directed to demonstrate as to under which provision of law, an application under Section 123 (1) of the U.P.Z.A. and L.R. Act had been filed and was maintainable.