SUMER SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Adya Prasad Tewari and Sri S.K. Tiwari, learned counsel for the petitioner, Sri Indrasen Singh Tomar, learned Addl. C.S.C. for the state-respondents and Sri Deepak Gaur, learned counsel for the respondent-Land Management Committee.

(2.) Brief facts of the case are that petitioner nos.1, 2, 3, 4 and father of respondent no. 5/6 were allotted plot in dispute, situated in village- Khiriya Chhatara, Tehasil & District- Lalitpur, area measuring about 34.95 acres in the year 1959 (1366 fasli). During C.L.R.D. Scheme, leases were executed to the occupants of the land by the Sub Divisional Officer. According to the petitioners, after execution of the lease deed, petitioners remained in possession. No complaint or proceeding of any nature were initiated against the petitioners till the year 1978. A suo moto proceeding was initiated by the State of U.P. against the petitioners in the year 1979 on the ground that the lease holders already had enough land, as such, lease executed in favour of the petitioners should be cancelled. Another ground was taken that brother of one of the petitioners, was member of the Land Management Committee, as such, lease cannot be granted in favour of the petitioners coupled with the fact that petitioners did not come in the category of landless agricultural labourer, therefore, the lease should be cancelled. Petitioners appeared before the trial court and filed their objection, stating that the petitioners were granted lease under the CLRD Scheme and after that they are in peaceful possession of the allotted land since 1959 and their lease remained unchallenged for a period of about 20 years, as such, lease of the petitioners cannot be cancelled. The trial court/Collector vide order dtd. 16/10/1982 cancelled the petitioners' lease. Against the order dtd. 16/10/1982, petitioners filed revision before the Commissioner which was registered as Revision No.96/1982 83. The Commissioner vide order dtd. 8/8/1983 sent the reference before the Board of Revenue to allow the revision, set aside the order of the Collector and remand the matter before the Collector to decide the proceeding afresh. The aforementioned reference was registered as Reference Case No.113/1983-84 before the Board of Revenue, U.P. at Allahabad. The Board of Revenue vide order dtd. 12/11/1992 has not accepted the reference sent by the Commissioner and dismissed the revision. Hence, this writ petition for the following reliefs:

(3.) This Court admitted the writ petition on 18/2/1993 and stayed the operation of the impugned orders. In pursuance of the orders of this Court dtd. 18/2/1993, counter affidavit has been filed by the Land Management Committee only. On behalf of the petitioners, a supplementary affidavit has been filed, stating that petitioners are still recorded in the revenue records and continuing in possession over the plot in question since 1959.