MURALI Vs. BOARD OF REVENUE ALLD.

JUDGEMENT

(1.) Heard Smt. Sushma Devi, learned counsel for the petitioner, Smt. Saraswati Rai, learned counsel for respondent no.4, learned Standing Counsel for the State respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Gaon Sabha.

(2.) Brief facts of the case are that dispute relates to plot No. 423 area 0.066 air situated in Village Baijapur, Pargana Mohammadabad, Tehsil -Sadar, District Mau. Petitioner claimed that he is in possession of the plot in question since before 30/6/1975 being landless agricultural labourer belonging to Scheduled Caste community, as such, is entitled to the benefit of Sec. 122-B (4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred to as U.P.Z.A. and L.R. Act. The Lekhpal of the area submitted his report on 26/2/1994 to the effect that lease of the plot in question has been granted in favour of respondent no.4-Katawaru on 7/8/1994 which was also approved by the authorities on 4/7/1995. Petitioner accordingly applied for cancellation of the lease executed in favour of respondent no.4. Additional Collector Mau vide order dtd. 17/10/2006 cancelled the lease executed in favour of respondent no.4. Respondent no.4/ Katawaru filed a revision before Commissioner which was registered as revision No. 167/M under Sec. 333 of U.P.Z.A. and L.R. Act. The aforementioned revision was heard and allowed by Additional Commissioner (Administration) Azamgarh Division Azamgarh vide order dtd. 20/9/2012 setting aside the order dtd. 17/10/2006 and affirmed the allotment dtd. 4/7/1995 made in favour of respondent no.4- Katwaru. Petitioner challenged the order dtd. 20/9/2012 before the Board of Revenue which was initially entertained but after hearing the learned counsel for the parties, the revision filed by petitioner was dismissed vide order dtd. 31/3/2014. Hence this writ petition filed for the following reliefs:

(3.) This Court entertained the matter on 8/9/2014 and granted interim protection.