- (1.) HEARD Sri Om Prakash Mishra, counsel for the petitioners and Standing Counsel for State of U.P. and Sri Manoj Kumar Yadav, Standing Counsel for Gaon Sabha, for the respondents.
(2.) THE writ petition has been filed against the orders of Additional Collector (Revenue)/District Deputy Director of Consolidation (respondent -3) dated 30.06.2006 and 27.04.2013 and order of Chief Revenue Officer, Jaunpur dated 21.07.2012, deleting the names of the petitioners from the land in dispute and recording it as talab land of Gaon Sabha and rejecting the application of the petitioners for recall of the order dated 30.06.2006. In compliance of the direction issued by Supreme Court in Hinch Lal Tiwari Vs. Kamla Devi, AIR 2001 SC 3215 as well as this Court, a special drive was conducted for making inquiry of the talab land, which were recorded on 01.07.1952. Deputy Collector, Jaunpur submitted a report dated 04.04.2006 to District Deputy Director of Consolidation, Jaunpur that 91 such files were prepared, in which land which were recorded as the talab land, on 01.07.1952 are now recorded in the names of different persons. As these villages were placed under consolidation operation as such order relating to the correction of record was required to be passed by District Deputy Director of Consolidation. The Collector, by order dated 12.04.2006 authorized the Additional Collector (Revenue) (respondent -3) to pass suitable orders. Respondent -3, thereafter, by order dated 30.06.2006 directed for deleting the names of the petitioners from the land in dispute and recording it as talab land of Gaon Sabha. The petitioners are concerned with plot no. 826 of village Lakhauna, pargana Haweli, district Jaunpur. The names of Sant Lal (petitioner -1) was recorded over an area of 0.121 hectare, Daya Nand (father of Balendu Kumar and Shailendra Kumar, petitioners -2 and 3) was recorded over an area of 0.405 hectare, Mohan (petitioner -5) was recorded over an area of 0.049 hectare and Sahadur (petitioner -6) was recorded over an area of 0.101 hectare of plot no. 826 of village Lakhauna, pargana Haweli, district Jaunpur.
(3.) THAT the petitioners filed an application dated 27.02.2010 for recall of the order dated 30.06.2006. The petitioners have stated that the disputed land was left as 'naveen parti' in the previous consolidation, held in the village. Thereafter the disputed land was allotted to them by Gaon Sabha in the year 1967 and their names were recorded as sirdar over the respective area of the land allotted to them, by the order of Sub -Divisional Officer, in the year 1967, on the basis of the pattas. The petitioners have become bhumidhar of the disputed land. The disputed land was not the talab land but 'naveen parti'. The recall application was heard by Chief Revenue Officer, Jaunpur, who by order dated 21.07.2012, rejected the recall application in default. The petitioners filed another application dated 24.07.2012 for recall of the order dated 21.07.2012, which was rejected by Additional Collector (Revenue) by the order dated 27.04.2013. Hence this writ petition has been filed.;