- (1.) rd Sri V.K. Pandey, learned Counsel for the Petitioner and Sri G.S. Misra, learned standing counsel, representing Respondent Nos. 1 to 3. Sri Namit Sharma, learned Counsel, has put in appearance on behalf of Nagar Nigam, Lucknow.
(2.) Through this writ petition, filed under Article 226 of the Constitution of India, the Petitioner has sought to assail the order passed by the Board of Revenue on 22.2.2010, dismissing the revision preferred by the Petitioner, under Section 219 of the U.P. Land Revenue Act. In addition to this, the order dated 11th November, 2009, passed by the Additional Sub-Divisional Officer, Sadar, Lucknow by which a suit filed by the Petitioner, under Section 33/39 of the U.P. Land Revenue Act, seeking correction of revenue record has been dismissed, has also been challenged by the Petitioner. Both the courts below have recorded concurrent findings of facts to hold that the Petitioner had failed to establish as to how he had acquired the disputed land and how the entries in the revenue records, indicating the status of the land in dispute as 'Barren' (banjar) and ushar (Unfertile) land for several years, could be demolished. The land in dispute, measuring 4.797 Hectares in Khata No. 1990. situate in village Kanausi, is within the Municipal limits, under the area of operation of Nagar Nigam, Lucknow. It is in the close vicinity of the expanding City of Lucknow.
(3.) As per orders of the Court, passed on the request of the learned Counsel for the contesting parties, the records, including the revenue records/entries were summoned from the Office of the Additional Sub-Divisional Officer, Sadar, Lucknow and from the Office of the Nagar Nigam, Lucknow. The concerned Additional Sub-Divisional Officer. Sadar, Lucknow and the Tehsildar, Nagar Nigam, Lucknow are present in the Court alongwith the records.;