MOHD. Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed against the order dated 23 rd July, 2018, passed by respondent No.3-Sub Divisional Magistrate, Tehsil Dhaulana, Hapur, by which the petitioners have been denied the right to be declared bhumidhars with transferable rights.

(2.) The brief facts of the case are that the petitioners were granted bhumidhari pattas vis-a-vis Khasra No.904, 939, 1002, 1003, 1026, 1003 and Khasra No. 1527, 1527M, 1519 and 1849M situate in Village-Dehra, Tehsil-Dhaulana District- Hapur.Thereafter, the land in question was acquired and the acquisition was challenged by means of Writ Petition No.55578 of 2008. Upon the writ petition being allowed, the petitioners prayed that since there was no proceeding pending for acquiring the plots of land in question, possession of the plots be delivered to the petitioners and their names be entered. However, the application was rejected by the Collector on 6.2.2005 and the Board of Revenue on 6.8.2012 also rejected the revision of the petitioners. The petitioners, being aggrieved by the orders dated 6.2.2005 and 6.8.2012 filed Writ Petition No.62704 of 2012, which was allowed vide order dated 30.4.2014. The operative portion of the aforesaid order reads as under:

(3.) Thereafter, the petitioners entered possession over the plots in question and since the pattas were of the year 1997 and five years had elapsed since their grant, the petitioners applied for being declared bhumidhars with transferable rights. The application of the petitioners was rejected by the impugned order dated 23rd July, 2018. In effect, the order of the Sub Divisional Magistrate was to the effect that since the petitioners came into possession since 16th March, 2015, the question of granting to them the status of bhumidhari with transferable rights before 15.3.2020 would not arise.