RAM SURAT RAM (MAURYA),J. - (1.) HEARD Sri Sudhanshu Pandey for the petitioner and Sri Ayank Mishra for the contesting respondents.
(2.) THIS writ petition has been filed against the order dated 09.05.2011, by which the application of the petitioner for cancellation of the patta granted to respondents -4 and 5 dated 10.06.1981, as approved on 20.12.1992, has been rejected and the order of Additional Commissioner dated 31.01.2014 dismissing the revision of the petitioner against the aforesaid order. The petitioner filed an application (registered as Case No. 5/38/2010) under Section 198(4) read with Section 126 of U.P. Act No. 1 of 1951, for cancellation of patta of respondents -4 and 5. It has been stated by the petitioner that the land in dispute was the property of the petitioner and it has been wrongly recorded as Gaon Sabha property. The petitioner has filed an objection under Section 9 of U.P. Consolidation of Holdings Act, 1953, in respect of the land in dispute, claiming his title over it, which is pending before Consolidation Officer. However, in the meantime, the patta has been executed in favour of the respondents of the land in dispute for plantation. On the application of the petitioner, the Tahsildar submitted a report dated 05.12.1991, in which, it has been stated that in CH Form 2 -Ka, prepared during consolidation, plot no. 6403 (area 7 -0 -5 bigha) was recorded as banjar land. In the earlier revenue record, it was recorded as jungle and on the spot, the land is not cultivable. At the time of inspection, various eucalyptus trees were found to be planted over it. It has been further found that the patta dated 10.06.1981 has been granted on the resolution of Land Management Committee for plantation over the land in dispute, which was approved by the order of Sub -Divisional Officer dated 20.12.1992. Since the application for cancellation of patta was filed by the petitioner on 05.12.2009, as such, it was found that the application was time -barred.
(3.) SO far as the patta is concerned, it was found that the patta was granted to the respondents on the resolution of Land Management Committee and was confirmed by the order of Sub -Divisional Officer dated 20.12.1992, as such, the application of the petitioner was rejected as time -barred. The revision of the petitioner has also been dismissed by the order dated 31.1.2014. Hence, this writ petition has been filed.;