- (1.) HEARD Sri Anupam Kulshrestha, for the petitioner and Sri Umang Srivastav, for respondents -6, 13 and 14.
(2.) THIS writ petition has been filed against the orders of Sub -Divisional Officer dated 08.12.1998, Additional Commissioner dated 29.07.1999 and Board of Revenue U.P. dated 08.10.2012, dismissing the suit of the petitioner and allowing cross objection and decreeing counter claim of the contesting respondents, arising out of proceedings under Section 229 -B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).
(3.) THE dispute between the parties relates to plots 446 (area 1 -15 -0 bigha) and 518 (area 2 -7 -12 bigha) of village Kanawani, tahsil Dadri and district Ghaziabad. Beg Raj (the petitioner) filed a suit (registered as Suit No. 19/98 and 98/92) under Section 229 -B of the Act, on 04.09.1992, for declaring him as 'bhumidhar with non -transferable right'. The case of the petitioner was that he was in possession of land in dispute since before 30.06.1995 and belonged to schedule caste as such has become 'bhumidhar with non -transferable right' under Section 122 -B (4 -F) of the Act. Land Management Committee illegally allotted the land in dispute to Jai Pal and others (now represented by respondents -6 to 14) (hereinafter referred to as the respondents). Their patta has been canceled by the order dated 09.05.1980, in the case under Section 198 (4) of the Act. They filed a suit before Civil Court, which was also dismissed by order dated 07.07.1979 and their appeal was dismissed by order dated 08.08.1982. In spite of cancellation of patta, their names were illegally continuing in the revenue records and liable to be deleted. The respondents contested the suit on the ground that the petitioner was not in possession of the land in dispute. Land in dispute was allotted to the respondents by Land Management Committee on 27.06.1974 and possession over it was given to them. Although, their patta was canceled on 09.05.1980, in Case No. 65/1978 -79 but as they remained in possession over the land in dispute on 30.06.1975 and continuing in possession, as such they become 'bhumidhar with non -transferable right' under Section 122 -B (4 -F) of the Act, as they belonged to scheduled caste. They filed Counter Claim for declaring them as 'bhumidhar with non -transferable right'. State of U.P. and Gaon Sabha also filed their written statements and contested the suit and Counter Claim.;