Prakash Krishna, J. - (1.) Raising a short controversy, the present writ petition has been filed against the order dated 28-7-2008 whereby the revision filed by the petitioner, being revision no. 256 of 2007-08 under Section 333 of U.P.Z.A. & L.R. Act, has been rejected.
(2.) The facts of the case lie in a narrow compass. Admittedly, the petitioner was allotted 0.118 Hectare land of khasra plot no. 5 situate in village Inampura, Pargana and Post Dara Nagar, Tahsil and District Bijnore. The said lease was granted with the approval of Deputy Collector on 9-12-2007 and lease was issued on 25-1-1998, for a period of five years. It is no longer in dispute that the petitioner enjoyed the entire lease period. After expiry of lease period, the proceedings were initiated against the petitioner and order for eviction of the petitioner has been passed by the subordinate authority. The contention of the petitioner is that no opportunity of hearing was afforded to the petitioner before passing the order of eviction. Further submission is that had an opportunity been afforded to the petitioner, he would have applied for renewal of the lease. Strong reliance was placed upon a judgement of this Court in writ petition no. 19865 of 2008- Ramesh Chand and others v. State of U.P. and others decided on 2-5-2008 wherein an earlier judgement of this Court in writ petition no. 4095 of 2008-Ram Deo and others v. State of U.P. and others decided on 21-4-2008, has been relied upon.
(3.) In contra, the learned Standing Counsel submits that admittedly the land allotted to the petitioner was recorded as a 'Talab' in the revenue records and as such no lease could have been executed in favour of the petitioner. In any view of the matter, after expiry of the lease period. the petitioner cannot compel the respondent authority to renew the lease in respect of a 'Talab'. He submits that once a mistake was committed by the respondents, the writ court cannot direct to commit the same mistake again. Reliance has been placed by him on a judgement of this Court in Nasir Hasan v. Deputy Director of Consolidation/Collector, Bijnor and others, 2009 (108) RD 17.;