CHANDRADEIYA (SMT.) Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Mr. Ashutosh Singh, Advocate holding brief of Mr. L.P. Singh, learned counsel for the petitioners, Mr. Anjani Kumar Chaurasia, learned Additional Chief Standing Counsel for the State respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent Gram Sabha.

(2.) The name of complainant/ respondent No. 3, Bhrigu Singh has been deleted on the basis of application filed on behalf of the petitioners.

(3.) Brief facts of the case are that petitioners along with others were granted agriculture lease in view of the Family Planning Scheme of the Government in respect to plot Nos. 208 and 205 situated at Village Majhauna, Pargana Sikanderpur Garvi, Tehsil Rasra, District Ballia which was recorded as naveen parti in the revenue records. The lease executed in favour of petitioners was approved by SubDivisional Magistrate on 26/12/1986. The possession of the plot in question was delivered in favour of the petitioners in the year 1986 87. One Bhrigu Singh filed a complaint in the year 2000 in respect to the lease executed in favour of petitioners and on the basis of aforementioned complaint, the case No. 570 of 2000 was registered under Sec. 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred to as U.P.Z.A. and L.R. Act. The show cause notice was issued by Additional District Magistrate to the petitioners accordingly petitioners filed their objection in the matter. The Additional District Magistrate vide order dtd. 24/9/2001 rejected/ dismissed the proceeding under Sec. 198 (4) of the U.P.Z.A. and L.R. Act. Against the order dtd. 24/9/2001, Bhrigu Singh filed a revision before the Commissioner which was registered as revision No. 69/B2001 under Sec. 333 of U.P.Z.A. and L.R. Act. The aforementioned revision was heard and allowed by Commissioner/ respondent No. 2 vide order dtd. 15/3/2002 cancelling the lease executed in favour of petitioners. Against the order dtd. 15/3/2002 petitioners filed a revision before respondent No. 1/ Board of Revenue which was dismissed by Board of Revenue vide order dtd. 9/5/2012. Hence, this writ petition filed on behalf of the petitioners for the following reliefs :