- (1.) Heard Sri Anurag Pandey holding brief of Sri D.V. Jaiswal learned Counsel for the Petitioner and the learned Standing Counsel.
(2.) This petition has been filed assailing the appellate order passed by the Respondent No. 12 Collector, Rampur dismissing the appeal on the ground of limitation and it also assails the order dated 8.5.1992 passed by the Respondent No. 11 Sub-Divisional Officer, Sahabad district Rampur whereby the contesting Respondent Nos. 1 to 10 have been permitted to run a market over their bhumidhari land under Section 142 of the U.P.Z.A. & L.R. Act, 1950.
(3.) The background of the case is that the order was passed in favour of contesting Respondents dated 8.5.1992 and a copy of the said order has been filed along with a supplementary affidavit dated 21.12.2001. A perusal of the said order demonstrates that the contesting Respondents have been allowed to hold a market over their bhumidhari land situated in Village Sahabad on every Tuesday and Saturday. This order according to the Petitioner has been purportedly passed under Section 142 of the U.P.Z.A.L.R. Act which is being quoted here: 142. Right of a Bhumidhar to the exclusive possession of all land in his holding-- (1) A bhumidhar with transferable rights shall, subject to the provisions of this Act, have the right to exclusive possession of all land of which he is a bhumidhar and to use it for any purpose whatsoever. (2) A bhumidhar with nontransferable rights shall, subject to the provisions of this Act, have the right to exclusive possession of all land of which he is such bhumidhar and to use such land for any purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture, poultry farming and social forestry.;