RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri B.D. Mandhyan, Senior Advocate, assisted by Sri Om Prakash, for the petitioner, Standing Counsel, for State of U.P., Sri Tariq Maqbool Khan, Standing Counsel for Gram Panchayat and Sri A.P. Tiwari, counsel for Lal Bahadur Singh, the complainant.
(2.) THE writ petition has been filed against the orders of Sub -Divisional Officer, dated 25.08.2012, recalling his earlier order dated 25.03.1994, by which 'bhumidhar with non -transferable right' was granted to the petitioner and directing to delete his name from the land in dispute and Board of Revenue, U.P. dated 14.07.2014, dismissing the revision of the petitioner, against the aforesaid order, in the proceeding under Section 122 -B (4 -F) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the 'Act').
(3.) THE dispute relates to plot nos. 404 -gha (area 0.004 hectare), 408 (area 0.125 hectare), 911 (area 0.066 hectare), 1752 (area 0.167 hectare) and 2243 (area 0.928 hectare) total area 1.290 hectare (old plots 191, 203 and 1047) of village Baghad, pargana Haveli, district Gorakhpur. The petitioner has stated that Land Management Committee had granted asami patta of the disputed land to the petitioner in the year 1970, along with 3 other villagers, which was approved by Sub -Divisional Officer, on 29.09.1970. The petitioner belongs to Scheduled Caste and he was in continuous cultivatory possession of the land in dispute, since the date of allotment as such he moved an application before the Sub -Divisional Officer for conferring 'bhumidhar with non -transferable right' under Section 122 -B (4 -F) of the Act over the aforesaid land. Sub -Divisional Officer by order dated 25.03.1994 conferred 'bhumidhar with non -transferable right' to the petitioner, of the land in dispute. On completion of 10 year, he acquired 'bhumidhar with transferable right' under Section 131 -B. Settlement Officer Consolidation, by order dated 02.06.2008, directed for recording, the name of the petitioner as 'bhumidhar with transferable right' in place of 'asami'. His name was recorded as such in the khatauni 1417 F -1422 F. Lal Bahadur Singh filed a complaint (registered as Misc. Case No. 1 of 2012) before the Collector, alleging therein that the name of the petitioner was recorded over land of public utility as specified under Section 132 of the Act, by making forgery and for recalling the order dated 25.03.1994. The Collector called for a report from Tahsildar, who submitted his report dated 06.08.2012, stating therein that land in dispute was the land specified under Section 132 of the Act and no 'bhumidhar with transferable right' can be granted over it to any person. The order dated 25.03.1994 was obtained by committing fraud and on its basis order of Settlement Officer Consolidation was also obtained. On this report Sub -Divisional Officer, by order dated 25.08.2012, recalled the order dated 25.03.1994 and directed to delete the name of the petitioner from the land in dispute and recorded it as Gaon Sabha land. The petitioner filed a revision (registered as Revision No. 42/2011 -12) from the aforesaid order, which was dismissed by Board of Revenue, U.P., by order dated 14.07.2014. Hence this writ petition has been filed.;