HAUSILA PRASAD Vs. ADDITIONAL COMMISIONER (JUDICIAL)FAIZABAD DIVISION

JUDGEMENT

(1.) Heard Shri B. Q. Siddiqui, learned counsel for the petitioners, Shri Udai Bhan Pandey, learned counsel for the respondent and perused the record. Facts in brief of the present case are that in a proceeding for allotment of patta, Khata No.294 having plot nos.357 total area 0.158 hectare and plot no.488 total area 0.129 hectarer recorded in the revenue record as Banjar land. In the year 2000, opposite party no.3 executed a patta of plot no.357 area 0.100 hectare in favour of the petitioner no.1 and plot no.357 area 0.058 hectare in favour of petitioner no.2 in accordance with law for the agricultural purposes.

(2.) As per version of the petitioners, the said pattas of the land were duly approved by Sub Divisional Officer by order dated 04.05.2000. Since then, the petitioners are in possession over the pattas of the land which was granted in their favour. On 14.08.2001, opposite party no.5 filed a suit under Section 198 (4) of U. P. Z. A. & L. R. Act for cancellation of patta of land in dispute before the opposite party no.2. Thereafter, opposite party no.2 called the report from the Tehsildar regarding the genuiness of patta executed in favour of the petitioners. On 04.12.2001, Tehsildar submitted his report. After submitting the report by the Tehsildar, petitioners filed their written objections to which opposite party no.5 filed reply against the same. On 20.05.2010, petitioners moved an application with the prayer to call for fresh report regarding the possession of the petitioners over the land in dispute. However, without considering the same, vide order dated 31.12.2010, learned Additional Collector has cancelled the patta of the land in dispute of the petitioners which were allotted to them.

(3.) Aggrieved by the same, petitioner filed revision along with an application for stay before the opposite party no.1, dismissed by order dated 26.03.2012, under challenge in the present writ petition.