RAKESH SHARMA, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THROUGH this writ petition, the petitioner Gur Nanak Vidyak Sabha, Lakhimpur, Kheri, a registered organisation has assailed the order dated 30.12.2002 passed by the Member, Judicial, Board of Revenue, U.P., Lucknow and the order dated 19.7.1993 passed by the S.D.M., Lakhimpur Kheri so far as it is against the interest of the petitioner, a registered organisation. In addition to this, the order dated 28.9.1992 passed by Naib Tehsildar Bhoor, Shri Nagar, Lakhimpur and the order dated 30.10.1991 passed by the Naib Tehsildar, Lakhimpur Kheri have also been assailed by the petitioner. Learned counsel for the petitioner has submitted that the dispute in question relates to plots No.1580, 1590. 1591, total area 1.73 acre of village city Lakhimpur Pargana Kheri, district Kheri. Property in question was under the Mahewa Estate of Lkhimpurkheri and Smt. Moola was Maursi Kashtkar of this property. The Estate has undergone the receiver in furtherance of an order passed by the civil court. Smt. Moola surrendered the property including possession to the Receiver of Mahewa Estate.
(3.) ON 10.10.58 Patta was executed by the Receiver of Mahewa Estate to the petitioner Gur Nanak Vidyak Sabha, Lakhimpur, Kheri. Building rights were provided to the petitioner. After approval sought from Civil Judge, a Patta was registered in favour of the petitioner on 28.1.1961 with power to construct building and since then land was not used for the purpose of agriculture. There exists buildings on the plots in dispute. In revenue records, the name of Smt. Moola continued to exist inspite her surrender and patta to the petitioner. A Govt. notification was issued on 6.6.1963 that no renewal is required from Mahewa Estate. On 23.5.1979, a declaratory suit No.109 of 1977 was filed in the court of Munsif, Lakhimppur. The suit was decided exparte and the petitioner was declared lessee alongwith right to make construction and Smt. Moola was declared having no title over property in question. The judgment and order dated 23.5.79 passed by Munsif, Kheri has remained unchallenged. It is still in vogue.;