ISLAM Vs. UP-ZILADHIKARI/ ASST.COLLECTOR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Sri Yogendra Nath Yadav, learned counsel representing the respondent no.3. By means of these proceedings under Art. 226 of the Constitution of India, challenge has been made to the order dated 28.07.2018 passed by the Sub-Divisional Officer, Sadar, Unnao, whereby the order dated 30.03.2007 passed by the Sub-Divisional Officer, Sadar, Unnao in respect of Mohd Rafiq has been set-aside and name of Mohd Rafiq, son of Gulabu has been ordered to be recorded. The Sub-Divisional Officer while passing the said order has also observed that since Mohd Rafiq has died, as such the Tehsildar shall take appropriate proceedings for making corrections in the revenue records bringing the legal heirs of deceased-Mohd Rafiq on record. The order dated 28.07.2018 further states that the prayer made by the petitioner for declaring him to be bhumidhar with transferable rights cannot be acceded to in the proceedings drawn by the Sub-Divisional Officer, which has culminated in the order dated 28.07.2018, however, if the petitioner so desires, he may institute a suit seeking declaration of his rights.

(2.) It appears that on a report submitted by the Tehsildar dated 13.03.2006 in respect of plot no. 110 having an area of 1.772 hectares and also in respect of some other plot, namely, plot no.110-n having an area of 1.900 hectares, proceedings under Sec. 202 of U.P. Z.A. and L.R.Act were drawn by the Sub-Divisional Officer and accordingly an order was passed on 30.03.2007 by the Sub-Divisional Officer whereby name of the petitioner's father Mohd Rafiq was ordered to be expunged from the revenue records in respect of the land comprised in plot no.110. The revision petition appears to have been preferred against the said order dated 30.03.2007 passed by the Sub-Divisional Officer, which too was dismissed by the Additional Commissioner (Administration), Lucknow Division, Lucknow vide his order dated 03.03.2009. Thereafter the petitioner appears to have filed Writ Petition No.670 (M/S) of 2017, which was disposed of finally by this Court vide its judgment and order dated 13.02.2017 providing therein that since father of the petitioner appears to be an Aasami in respect of land in dispute who had died in the year 2005 and the proceedings for ejectment under Sec. 202 of U.P.Z.A. and L.R. Act were initiated on the basis of report dated 13.03.2006 and further that there was nothing on record to show that the petitioner who claims to be in possession of the land in question being the son of Mohd Rafiq was ever heard in the said proceeding, as such the orders challenged in the writ petition so far as the same related to the petitioner i.e. Islam, son of late Mohd Rafiq were quashed and the liberty was given to the respondents to proceed as per law against the petitioner, if it was so desired.

(3.) Pursuant to the order dated 13.02.2017, the petitioner filed an application on 13.04.2018 before the Sub-Divisional Officer concerned in which he made a prayer for making amaldramad of the order passed by this Court and accordingly to correct the revenue records and record the petitioner as bhumidhar with transferable rights. It is this application dated 13.04.2018 that has been decided by the Sub-Divisional Officer by passing the order dated 28.07.2018, which is impugned in this petition.