- (1.) This petition has been filed praying for quashing of the order dated 12.10.2009 passed by the respondent no.1 in Revision No.279 filed under Section 333 of the U.P. Z.A. and L.R. Act and also for quashing of the order dated 25.05.2006 passed by respondent no.2 in Case No.97 filed under Section 198(4) of the U.P. Z.A. and L.R. Act: Smt. Usha Devi Vs. Afat Ali and others.
(2.) Learned counsel for the petitioner has submitted that the petitioner had filed a Suit No.96 under Section 198(4) of the Act for cancellation of lease deed dated 20.03.1999 made out in favour of respondent no.4- Afat Ali to carry out tree plantation in the land belonging to the Gaon Sabha.
(3.) The petitioner had claimed that she had been in the peaceful possession of land since the time of her father and her father has planted several fruit bearing trees on the said plot of land and such trees are still standing. The petitioner's boring/ tube well was also situated in the said plot of land. An application was moved under Section 198 of the Act, which was rejected by the Collector by the order impugned, saying that the petitioner has not set up any case that she was more eligible than the respondent no.4 for grant of lease of Gaon Sabha land recorded under 'Banjar Khata'. Feeling aggrieved, the petitioner filed a Revision in which Revision the Additional Commissioner directed the Sub Divisional Magistrate Utraula to carry out a spot inspection. In the said spot inspection carried out, the Sub Divisional Magistrate had reported that petitioner had planted several fruit bearing trees and had possession over the land in question and it was adjacent to her residential house. The patta therefore could not have been given by the Land Management Committee.;