RAJU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri V.P.S. Kushwaha for the petitioners and Standing Counsel for the respondents.

(2.) The writ petition has been filed for quashing the order of Sub Divisional Officer dated 12.5.2014, Additional Commissioner dated 10.4.2015 and Board of Revenue, U.P. dated 11.5.2016 passed in the suit under Sec. 59 of U.P. Tenancy Act, 1939(hereinafter referred to as "the Act").

(3.) The petitioners filed a suit (registered as Suit No.32 of 2011) declaring them as tenant of plot no.147, area 0.077 hectare situated within town Kasganj, district Kanshi Ram Nagar. It has been stated by the petitioners that their ancestor Parsadi was in occupation of the land in disputed and after his death Chhattar was in occupation over it. After the death of Chhattar they have inherited the property in disputed, which is situated within the limit of town Kasganj where Zamindari has not been abolished. By making forgery in the revenue record the land in disputed was illegally record as slaughter house and rasta. The suit was contested by State of U.P., who filed a written statement in which it has been stated that the land in disputed was acquired on 3.6.1953 for construction of slaughter house and since then slaughter house is constructed over it. On a part of it a tubewell has also been installed. After acquisition of the land in disputed right of the petitioners, if any came to an end. Sub Divisional Officer after hearing the parties by order dated 12.5.2014 found that the land in disputed was acquired under the provision of the Land Acquisition Act, 1895 on 3.6.1953 for construction of slaughter house and since then entry in this respect has been made in the revenue record. The petitioners left with no interest in it. The petitioners challenged the aforesaid order in appeal. Additional Commissioner by order dated 10.2.2014 affirmed the finding of the trial court and dismissed the appeal. The petitioners challenged the aforesaid order in second appeal before Board of Revenue, U.P. Board of Revenue, U.P. by order dated 11.5.2016 dismissed the second appeal. Hence, this writ petition has been filed.