CHANDAR Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Supplementary affidavit filed on behalf of the petitioner is taken on record.

(2.) The facts of the case are that the petitioner instituted Case No. 103/90 under Sec. 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950') praying for a decree declaring him to be Sirdar of 4 Bigha in Plot No. 9-Sa in Khata No. 240, which was recorded in the name of Gaon Sabha in the revenue records inter alia alleging that he was a member of Scheduled Caste community and in possession of the disputed plot and had perfected his rights under Sec. 122-B(4-F) of the Act, 1950. The Sub Divisional Officer, Sadar vide his judgment and decree dtd. 20/2/1991 decreed Case No. 103/90 and declared the petitioner to be Sirdar of the disputed plot after re-cording a finding that the petitioner was in possession of 4 Bigha in Plot No. 9-Sa since 19/10/1981.

(3.) Aggrieved by the judgment and decree dtd. 20/2/1991 passed by the trial Court, the Gaon Sabha filed Appeal No. 31/91 which was partly allowed by the Additional Commissioner (Judicial), Meerut Division, Meerut (hereinafter referred to as, 'Additional Commissioner') vide his judgment and order dtd. 20/12/1991 and the judgment and decree dtd. 20/2/1991 passed by the Trial Court was modified and the peti-tioner was declared to be Sirdar of only 2 Bigha in Plot No. 9-Sa. The judgment and order dtd. 20/12/1991 passed by the Additional Commissioner has been affirmed by the Board of Revenue, U.P. vide its judgment and order dtd. 18/7/2003 passed in Second Appeal No.85(Z) M/2000-01. The judgment and orders dtd. 20/12/1991 and 18/7/2003 have been challenged in the present writ petition.