VISHARAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. A.K. Dixit and Mr. Shive Datta Yadav, learned counsel for the petitioners, Mr. Tarun Gaur, learned Standing Counsel for the State respondents and Mr. Hari Narayan Singh, learned counsel for respondent No. 5, Land Management Committee.

(2.) Brief facts of the case are that petitioners were granted agriculture lease by resolution dtd. 2/12/1975 and 8/12/1975 passed by Land Management Committee. The aforementioned lease were approved in accordance with the provisions of Act and Rules framed thereunder. Petitioners remained in possession over the allotted land and names were also recorded in the revenue record. One Raja Ram filed a case No. 219 of 1976 against Rameshwar Dayal and others for cancellation of lease on the ground that lessee were not eligible for allotment. Additional Collector vide order dtd. 16/7/1982 cancelling the lease of Rameshwar Dayal. Respondent No. 4, Land Management Committee filed an application under Sec. 198 (4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "U.P.Z.A. and L.R. Act") against Ram Prasad and Banwari sons of Angn, Mithu Lal and Sita Ram. The aforementioned case No. 219 of 1978 was decided by Additional Collector vide order dtd. 6/6/1983 cancelled the lease granted on the basis of resolution dtd. 2/2/1975 and 8/2/1975. Petitioners were neither party in case No. 219 of 1978 nor in case No. 174 of 1976. Petitioners along with others have filed revision No. 242 of 198485 before the Commissioner against the order dtd. 6/6/1983 which was heard and dismissed by Additional Commissioner Allahabad Division Allahabad vide order dtd. 17/2/1990. Order dtd. 17/2/1990 was challenged by petitioners along with others before Board of Revenue by way of revision No. 33 of 198990 which was dismissed vide order dtd. 26/3/1997. One Bankey Lal who was one of the applicant along with petitioners filed a Writ C No. 16681 of 1997 before this Court against the impugned order dtd. 6/6/1983, 17/2/1990 and 26/3/1997 which was allowed vide order dtd. 20/7/2011 quashing the orders dtd. 6/6/1983, 17/2/1990 and 26/3/1997. Hence this writ petition on behalf of petitioners for the following relief:-

(3.) This Court vide order dtd. 26/4/2012 entertained the matter and granted interim protection to maintain status quo with regard to possession over the land in question, which runs as follows: