KAILASH Vs. A.D.M. (F & R) AND OTHERS

JUDGEMENT

(1.) Initially proceedings under Section 122 (B) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called the Act of 1950) were initiated against the petitioner and were dropped on 22.6.1996 after finding that the possession of the petitioner was lawful. On 20.8.1997, a restoration application for recalling the order by which proceedings under Section 122B were dropped as was filed by the Gaon Sabha was also dismissed. However, one Ram Nageshar Das who has been impleaded as respondent no.3 in the instant case again filed an application for restoration of the proceedings. This application was allowed on 30.5.1998. The Revision against the order dated 30.5.1998 filed by the petitioner was dismissed on 4.4.2003 and the application filed by him for reviewing the order dated 4.4.2003 was also dismissed on 14.6.2005. Aggrieved thereof, the petitioner had filed a writ petition which was numbered as Writ Petition No. 51558 of 2006. The writ petition was however, got dismissed by an order dated 10.4.2009 which is being reproduced here as under:

(2.) Dismissal of the writ petition meant that the proceedings as were got restored by Ram Nageshar Das now stood restored.

(3.) In the meantime, however, the petitioner who had matured rights as a Bhumidhar had also filed an application under Section 122 (B) 4-F of the Act of 1950 stating that as he was in possession over the land in question from before 1975 he be deemed to be a Bhumidhar of the land in question. After the filing of the application under Section 122(B)4-F, proceedings under Section 122 (B) and the application under Section 122(B)4-F were amalgamated and were decided together on 16.8.2010. On that date, relying on a spot inspection, the Tehsildar found that the petitioner was in possession over .085 hectares (out of 0.162 hectares) of plot no. 49 M and over the rest of the area there were temples, which included a temple of Chhath Mata, existing. Thereafter, a Revision was filed by the Gaon Saba in which Ram Nageshar Das also got himself impleaded and tried to contest the Revision as was filed by the Gaon Sabha. When the Revision was allowed on 24.9.2012, the instant writ petition was filed.