R.H. Zaidi, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel.
(2.) By means of this petition filed under Article 226 of the Constitution of India the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgments and orders dated 28.10.2002 and 17.2.1992 passed by the respondents No. 1 and 2 respectively.
(3.) The relevant facts of the case giving rise to the present petition, in brief, are that the contesting respondent No. 3 made an application under section 123 of the U.P. Zamindari Abolition and Land Reforms Act, for short 'the Act', claiming that an area measuring .02 decimal out of plot No. 140 situate in village Hatwa Nakhani, district Deoria was the abadi of the said respondent and there existed her very old house in the same. It was also alleged that she was a member of Scheduled Caste. She, therefore, prayed that the said plot to be recorded as her abadi. On the said application, the trial Court issued notices to the parties and sent for the report of the Supervisor Kanungo. After inspection the report was submitted on 11.9.1989 supporting the case of the contesting respondent. Lekhpal was also examined as a witness in the case. After examining the material on record and after hearing the parties, the land in dispute was declared as abadi and was directed to be recorded as such, by judgment and order dated 17.2.1992. The report of the Supervisor Kanoongo was made part of the judgment. Feeling aggrieved, the petitioner filed a revision before the Commissioner of the Division, contending that the contesting respondent was not the resident of village Hatwa Nakhani but of another village, the name of the village was not disclosed. It was also alleged that the respondent No. 3 was not the eligible person and that the house, hand pump etc. existing in the plot in question were owned by the petitioner. The Commissioner also affirmed the findings recorded by the trial Court and dismissed the revision by his judgment and order dated 28.10.2002, hence the present petition.;