HARBAR CHAMAR Vs. B. O. R.

JUDGEMENT

(1.) Heard Mr. Rajesh Kumar Tripathi and Mr. H.N. Pandey, Counsel for the petitioner, learned Standing Counsel for respondent Nos.1, 2, 3 and 5 and Mr. Bhupendra Kumar Tripathi, Counsel for respondent Nos.4 and 6.

(2.) The brief facts of the case are that proceeding under Sec. 122- B of U.P. Z.A.& L.R. Act was initiated against the petitioner in respect to plot No.314 area 1.28 acre on the basis of report of lekhpal that petitioner is in illegal possession of Gaon Sabha land. Petitioner filed his objection stating that petitioner belongs to scheduled caste community and he is in possession of disputed plot since before 30/6/1975 and having land less than one (1) acre as such petitioner is entitled to be recorded as sirdar. Lekhapl was examined before the Court and stated that petitioner belongs to scheduled caste community, his possession is since June 1976. Sub-Divisional Officer vide order dtd. 19/4/1977 on the basis of oral and documentary evidence on the record of the case has declared the petitioner as sirdar of the plot in dispute. A restoration application without any prayer for condonation of delay has been filed by lekhpal on 25/5/1977 to recall the order dtd. 19/4/1977. The Sub-divisional officer vide his order dtd. 12/10/1977 allowed the restoration application setting aside the order dtd. 19/4/1977 and sent the record before Tehsildar for necessary action. Petitioner challenged the order dtd. 12/10/1977 before the Commissioner through revision and Additional Commissioner recommended the revision before Board of Revenue through reference vide order dtd. 19/9/1978 that revision be allowed on the ground the Lekhpal in his individual capacity has no right to file restoration application and Sub-Divisional officer without hearing the petitioner has set aside the order dtd. 19/4/1977, but board of revenue vide order dtd. 10/7/1985 dismissed the revision of petitioner and maintained the order of trial court date 12/10/1977. Hence this writ petition.

(3.) This court while entertaining the writ petition has passed the following interim order dtd. 12/11/1987:-