- (1.) RAKESH Tiwari, J. Heard the counsel for the parties.
(2.) THE dispute in this petition relates to the cancellation of leases of land belonging to the Bhudan Yagna Committee situate in village Ghamahapur, Magaini Dixitpur, Jodabari and Udai Karanpur. From the record it appears that under Section 14 of the U. P. Bhoodan Yagna Act, 1952 (U. P. Act No. X of 1953), the Bhoodan Yagna Committee granted lease of lands to the petitioners, who were landless on 1-1-1968 and that after the grant of lease to the petitioners, all the petitioners became the Sirdars in accordance with Section 14 (1) of the U. P. Act No. X of 1953. The U. P. Bhoodan Yagya Act, 1952 was amended by U. P. Act No. X of 1975. The land allotted to the petitioners belonged to Swami Krishna Nand (a Gosain) who had gifted it in favour of the U. P. Bhudan Yagna Committee on 15-3-1958. Thereafter, the said land vested in the aforesaid Committee and the name of the Samit was also recorded over the land in question.
(3.) IT is submitted that one Ram Nath Singh and Doodh Nath Chaturvedi were the organisers and distributors of the land of Bhudan Samiti. Sri Ram Nath Singh manipulated a Patta dated 12-5- 1968 in favour of his relation Ramesh Singh whereas Ramesh Singh did not belong to the village Ghamahapur and even he did not belong to Gyanpur Tehsil and the land could not be allotted to him. Consequently, a dispute started over the possession of some of the plots and proceedings were initiated under Section 145 Cr. P. C. However, the Sub-Divisional Magistrate Gyanpur was unable to decide as to which party was in possession as such he made a reference under Section 146 Cr. P. C. In the reference made by the Sub-Divisional Magistrate, Gyanpur on 2-8-1969, the Munsif came to the conclusion that Ram Nath Singh, who was the first party was never in possession over the plots in dispute and the second party was in possession over all the plots in dispute.;