Sibghat Ullah Khan, J. - (1.) IN this case on 12.10.2012 when arguments were heard, the following order was passed on the order sheet: "Heard learned Counsel for the parties. Learned Standing Counsel has placed on record report of Deputy Collector, Tundala dated 3.3.2008. Learned Counsel for the petitioner states that he has already got copy of this report. Judgment reserved." Gaon Sabha Plots No. 832, 835, 836 and 837 situate in village Pachokhara, Tehsil Tundla District Firozabad were reserved for cattle fair. Several persons including the petitioners started asserting that in the year 1970 Gram Sabha allotted different portions of the plots in dispute to different persons who constructed their houses thereupon. However in the revenue record land in dispute continued to be recorded as reserved for cattle fair. In para -5 of the writ petition it is mentioned that "under the orders of the Hon'ble Court the Cattle Fair was directed to be carried on plots Nor 834, 842, 845 etc. situate in the said village." However neither the copy of the Court's order has been annexed nor date of decision nor case number has been mentioned.
(2.) IN para -6 of the writ petition, it is mentioned that petitioners or their predecessor -in -interest were allotted land and they constructed their houses in plots No. 835, 836 and 837. In para -7 of the writ petition it is stated that against several persons occupying different portions of the plots in dispute proceedings for eviction were initiated under section 122 -B of U.P.Z.A. & L.R. Act; in several cases Tehsildar dropped proceedings; one of such cases was decided on 18.8.1981 and copy of the said order is Annexure -II to the writ petition. The number of the said case was 45 of 1980 -81, L.M.C. v. Santosh Kumar. The case was initiated against Santosh Kumar and Brijesh Kumar sons of Lakshmi Narain. Brijesh Kumar Upadhyay son of Sri Lakshmi Narain Upadhyay is petitioner No. 1 in this writ petition. Annexure -III to the writ petition is an application by Lakshmi Narain Upadhyay, father of petitioner No. 1 dated 13.2.1991 inquiring as to whether plots in dispute were vacant or in the possession of the public and on what plots normally fair was being held. If Lakshmi Narain was alive in 1991 then how in 1981 proceedings were initiated against his sons is not clear. It is quite possible that Annexure -II to the writ petition may have been passed in respect of some other Brijesh Kumar and not petitioner No. 1. Annexure -V to the writ petition is copy of some meeting of Land Management Committee/Gaon Sabha in question held on 11.10.1993 recommending that in the entire plots in dispute (total area 4 bighas 1 biswa 16 biswansis) there was abadi hence its nature must be changed and it must be entered as abadi.
(3.) THEREAFTER , Raj Kumar and Suraj Pal filed an application on 21.8.1999 before Deputy Collector under section 143 of U.P.Z.A. & L.R. Act requesting for change of nature of land in the revenue record. Against that Gaon Sabha filed objections on 4.2.2000, copy of which is Annexure -VII to the writ petition. Thereafter, Deputy Collector, Tundla District Firozabad passed order on 24.6.2002 in Case No. 1/2000/06/2001 -02. Through order dated 24.6.2002, Deputy Collector declared the entire land in dispute, total area 0.942 hectare as abadi under section 143 of U.P.Z.A. &l L.R. Act. It is mentioned in paragraphs 17 of the writ petition that after passing of order dated 24.6.2002, in the revenue record also land was recorded as abadi.;