BIHARI LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Chandra Shekhar Agnihotri, learned counsel for the petitioners, Sri Pankaj Kumar, learned standing counsel for the state respondents and Sri Achal Singh, learned counsel for the respondent gaon sabha.

(2.) With the consent of the parties, the instant petition is being heard and disposed of, without inviting counter affidavit in the matter.

(3.) Brief facts of the case are that the father of the petitioner was granted assmi lease in the year 1977 in respect to plot No. 874, area 0.022 hect; plot No. 875/1, area 0.235 hect; plot No. 875/2, area 0.044 hect and plot No. 875/3, area 0.02 hect. (total area 0.303 hect.). The consolidation proceeding intervened in the village in question and village was denotified under Sec. 52 of the U.P. C.H. Act on 20/2/2006. The names of the petitioners remained recorded in the consolidation records. The copies of khatauni as well as C.H. Form Nos. 41 and 45 have also been annexed along with the writ petition as Annexure Nos. 3 and 4. During consolidation operation, the plots number were changed and new numbers were allotted, i.e., plot No. 1017, area 0.303 has been allotted. Proceeding under Sec. 202 of the U.P. Z.A. and L.R. Act has been initiated in the year 2011 which has been registered as Case No. 167 under Sec. 202 of the U.P. Z.A. and L.R. Act before the Assistant Collector, 1st Class/S.D.O., Mau, Chitrakoot which was decided by the S.D.O. vide order dtd. 6/4/2011, expunging the petitioners' entry and the land was ordered to be recorded as banjar in the records. Against the order dtd. 6/4/2011, revision was filed on behalf of the petitioners before the Commissioner which has been registered as Revision No. 112/2024 (Computerized Case No. C202407000000112) before the Addl. Commissioner, Chitrakoot Dham, Chitrakoot. The aforementioned revision was heard and allowed in part, setting aside the order dtd. 6/4/2011 and remanding the matter back before the S.D.O. to decide the proceeding under Sec. 202 of the U.P. Z.A. and L.R. Act afresh, after affording opportunity of hearing to the parties, within 3 months. Hence, this writ petition has been filed for the following relief: