STATE OF UTTAR PRADESH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard, Mr. Abhishek Kumar Srivastava, learned Additional Chief Standing Counsel for the State/ petitioner and Shri Dharmendra Singh, learned counsel for respondent Nos. 4 and 6.

(2.) Brief facts of the case are that plot No. 4 area 0.2132 hectare situated in Village Chamrauli, Tehsil Sadar District Agra was recorded as Marghat (cremation ground) in zild bandobast register. The revenue entry of the aforementioned plot in question was later on made in the name of respondent Nos. 4,5 and 6 in the khatauni of 1406 fasli as bhoomidhar with nontransferable right. The proceeding under Sec. 186 of U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred as U.P.Z.A. and L.R. Act has been initiated and the same was registered as case No. 9 of 200405 before Tehsildar/ Assistant Collector Sadar Agra under Sec. 186 of U.P.Z.A. and L.R. Act. Tehsildar/ Assistant Collector Sadar, District Agra vide order dtd. 13/9/2005 directed to record the plot No. 4 area 0.2132 hectare as Marghat (cremation ground) in the revenue records. Against the order dtd. 13/9/2005, appeal under Sec. 331 of U.P.Z.A. and L.R. Act was filed before the Commissioner Agra, Division Agra. The aforementioned appeal was registered as appeal No. 128 of 2005. The aforementioned appeal was heard by the Additional Commissioner (Administration), Agra, Division Agra and vide order dtd. 28/2/2006 the appeal was allowed setting aside the order dtd. 13/9/2005 in view of the provisions contained under Sec. 186(5) of the U.P.Z.A. and L.R. Act. Against the appellate order dtd. 28/2/2006 revision under Sec. 333 of the U.P.Z.A. and L.R. Act was filed by the State before Board of Revenue, Circuit Court, Agra, which was registered as Case No. 24 of 200708 Computerized Case No C2007010000740 (State v. Mangelal) under Sec. 333 of U.P.Z.A. and L.R. Act, 1950. The aforementioned revision was heard and dismissed vide order dtd. 15/3/2019. Hence, this writ petition filed on behalf of the State for following relief :-

(3.) This Court, vide order dtd. 10/8/2021 entertained the matter and directed that parties shall not change the nature of land.