Sibghat Ullah Khan, J. - (1.) HEARD Sri Hari Shanker Mishra, learned Counsel for the petitioners and Sri T.N. Tiwari, learned Counsel for the respondent 5 in each writ petition. First Writ petition. This writ petition is directed against orders dated 18.4.1991 and 18.11.2005. The first order was passed by Deputy Collector/S.D.O. Bhadohi, Varanasi in case No. 115 Mal of 1991 under section 122B(4 -F), U.P.Z.A. & L.R. Act Chhakkan v. Gaon Sabha. Through the said order an area of 1 bigha 10 biswa of plot No. 242 Kha was changed from pond and the name of Chhakkan respondent No. 5 was directed to be recorded in the revenue record as Bhoomidhar with non transferable right over the same (total area of plot No. 242 is 6 bigha). It is situate in Village Puredvan. The applicant Chhakkan claimed that he was member of Scheduled Caste and in possession of the pond in dispute since long. Against the said order Ram Sagar since deceased and survived by petitioners filed revision being revision No. 488 and 113 of 1991. Additional Commissioner Judicial, Vindhachal Mandal Mirzapur dismissed the revision on 18.11.2005 as not maintainable. Second Writ petition.
(2.) THIS writ petition is directed against order dated 18.4.1991 passed by Deputy Collector/S.D.O. Varanasi in case No. 114 Mal 1991 under section 122B(4 -F) of U.P.Z.A.L.R. Act Satnayaran v. Gaon Sabha. This order was also exactly similar as was the first order challenged through the first writ petition. Through this order also an area of 1 bigha 10 biswa of plot No. 24 Kha was directed to be changed from pond in the revenue record and settled with the applicant Satyanarayan respondent No. 5 who also claimed that he was member of Schedule caste. Ram Sagar since deceased and survived by petitioners filed revision against the said order also being revision No. 204/114 of 1991 which was dismissed on 18.11.2005 by Additional Commissioner (Judicial) Vindhachal, Division Mirzapur. The said order has also been challenged through the second writ petition. Findings: - - Under section 122B(4 -F) no relief can be granted in respect of land mentioned in section 132 of U.P.Z.A.L.R. Act which includes pond. Moreover by virtue of Supreme Court authority Hinch Lal Tiwari v. Kamala Devi : 2001 (92) RD 689, the nature of pond can not be changed. Even otherwise nature of no land can be changed by Deputy Collector in the manner in which it has been done through the impugned order.
(3.) THE impugned orders are utterly erroneous in law hence they are quashed.;