ASHOK BHUSHAN,J. - (1.) - Heard Counsel for the parties.
(2.) BY the consent of the parties' Counsels this writ petition is being finally decided at this stage without inviting counter affidavit. By this writ petition the petitioners have prayed for quashing the order dated 12-6-2001 passed by the Sub-Dvisoinal Officer, Moradabad in Case No. 336 of 2001 and the order dated 18-7-2003 passed by the Additional Commissioner (Administration), Moradabad Division, Moradabad dismissing the Revision No. 62 of 2002-2003 filed by the petitioners under Section 333 of the U.P. Zamindari Abolition and Land Reforms Act.
(3.) PETITIONERS ' case as mentioned in the writ petition is that they were granted lease by the Gaon Sabha in the year 1381-F and since then the petitioners are in possession of the land in dispute. Petitioners further alleged that they are regularly paying the rent and their names are also recorded in the records of rights. Petitioners have further calimed that they have become Bhumidhars with non-transferable right. A report was submitted by the Tahsildar, Moradabad to the Sub-Divisional Officer, Moradabad saying that the names of the petitioners are recorded in Clause 3 and the period of lease of the petitioners has come to an end and further the petitioners have not followed the terms of the lease hence their names be expugned. The Sub-Divisional Officer after receipt of the report of Tahsildar registered a case No. 336 of 2001 under Section 202 of the U.P. Zamindari Abolition and Land Reforms Act read with Rule 176-A of the Zamindari Abolition and Land Reforms Rules. Notices were issued to the petitioners. The Sub-Divisional Officer passed an order on 12-6-2001 accepting the report of the Tahsildar and directing expunction of the names of the petitioners from Plot No. 580 area 0.547 hectares and the land was directed to be recorded in the name of the Gaon Sabha. Petitoners filed a revision before the Commissioner under Section 333 of the U.P. Zamindari Abolition and Land Reforms Act. Petitioners' case in the revisions was that no notice was received by the petitioners in the aforesaid case. Petitioners have claimed that they have become Bhumidhars with non-transferable right. Report of the Tahsildar was not proved by any evidence and was not admissible. Revisional Court vide order dated 18-7-2003 rejected the revision. The writ petition has been filed challenging the aforesaid two orders.;