KUSHUM LATA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri H.M.B. Sinha, learned counsel for the petitioners, Sri Sunil Kumar Singh, learned counsel for the Land Management Committee and Sri R.C. Srivastava, learned Additional Chief Standing Counsel for the State.

(2.) Brief facts of the case are that petitioners were allotted 'Asami Patta' in the year 1982 in respect to the plots of Khata as mentioned in paragraph No. 3, 3A, 7A of the writ petition situated at village Khani Kateri, TehsilSiyana, District Bulandsahar. Land Management Committee initiated proceeding and passed proposal on 3/9/1990 for ejectment of the petitioners. Tehsildar vide order dtd. 14/1/1991 has passed the order for ejectment of the petitioners and order was approved by Sub Divisional Officer vide order dtd. 28/11/1991. Petitioners challenged the order of Tehsildar dtd. 14/1/1991 before the Commissioner, which was registered as Revision No. 18 of 199192, under Sec. 218 of the U.P. Land Revenue Act, 1901. The aforementioned revision was heard by Additional Commissioner (Judicial) Meerut Division, Meerut. The aforementioned revision was decided vide order dtd. 18/3/1993 by Additional Commissioner sending the reference before the Board of Revenue for setting aside the order dtd. 14/1/1991. In pursuance of the order of Additional Commissioner dtd. 18/3/1993, the matter was registered as reference case No. 89 of 199293 before the Board of Revenue, U.P. Lucknow. The Board of Revenue vide order dtd. 6/12/2003 rejected the reference and maintained the order dtd. 28/11/1991 passed by Sub Divisional Officer. Hence this writ petition on behalf of the petitioners for following reliefs:-

(3.) This Court entertained the matter on 25/2/2004 and granted interim order for maintaining status quo regarding the disputed plot. In pursuance of the order dtd. 25/2/2004 parties have exchanged their pleadings.