CHANDAGI YADAV Vs. BOARD OF REVENUE U.P.

JUDGEMENT

(1.) The petitioner claims the land in dispute to be his ancestral property. It is his claim that the same has come to him through his ancestors, who were given this land by the erstwhile zamindar before the date of vesting. After the date of vesting, the petitioner became seerdar of the land in dispute by operation of law. His name was mutated in the Khasra but allegedly on account of an official mistake, his name was not entered in the record of rights (Khatauni). A suit was filed by the fifth respondent to this petition under Section 229B of the U.P. Zamindari Abolition and Land Reforms Act, before the Sub- Divisional Magistrate, Kasimabad, Ghazipur impleading respondent Nos.1,2 and 4 here, alone as defendants. The said claim has been brought against the State respondents and the Gram Sabha on basis that he has title and possession to the land in dispute that was recorded since time antedating the abolition of zamindari, in the bandobast at that time. He had been paying land revenue and post abolition of zamindari has remained in possession.

(2.) Heard Sri Amish Kumar Srivastava, learned counsel for the petitioner, Sri Anil Kumar Singh Baghel, learned Additional Chief Standing Counsel appearing for respondent Nos.1 to 3. In view of the order proposed to be passed, notice to private respondent No.5 is not being issued as no rights are being determined by this order. However, in case the said respondent still feel aggrieved, it will be open to him to make an application in the decided petition.

(3.) Considering the entire facts and circumstances of the case, in particular, the fact that the Revision is yet at the stage of admission, the Board of Revenue, U.P. at Allahabad is directed to pass appropriate orders in the Revision on admission, and further depending on the order made, admitting or refusing to admit the Revision to hearing, on the Stay Application, positively on the next date fixed, that is to say, 5.08.2019. The Revision shall not be adjourned on 5.08.2019, so far as the question of admission or orders on the Stay application are concerned.