RAM SWAROOP Vs. STATE OF U P

JUDGEMENT

(1.) ASHOK Bhushan, J. By these writ petitions the similar issues have been raised, hence, they are being disposed by this Common order. First two writ petitions were heard on 11. 3. 2008 and other three writ petitions were heard on 15. 4. 2008.

(2.) SRI Arun SRIvastava has appeared for the petitioners in all the writ petitions. SRI V. K. Singh appeared for Gaon Sabha and learned Standing Counsel appeared for the State respondents.

(3.) THE petitioners' case in the first writ petition is that the petitioners were granted Aasami lease of plot No. 224 and their names were recorded since 1375 Fasli in the revenue record as Aasami. THE Sub Divisional Officer on a report submitted by the revenue inspector, registered a case No. 73 of 2004. Notice was issued to the petitioners. THE petitioners filed objection before the Sub Divisional Officer raising various objections. THE petitioners' case was that the land has been allotted to them and there being no period of lease petitioners have acquired right under Section 204 of the Act and they cannot be evicted. It was further claimed that petitioners belong to scheduled caste and they being in possession since before June, 1985, have become bhumidhar with non-transferable right. THE Sub Divisional Officer held that petitioners period of lease having come to an end they ought to have left the possession and they have no right to continue with the possession. Order was passed for expunging the names and ejecting the peti tioners.