Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Riduvant Pratap Singh for the petitioners, Standing Counsel for State of U.P. and Sri Rajesh Yadav, Standing Counsel for the Gram Panchayat. In the facts of the case, the counsels for the respondents do no propose to file any counter affidavit. With the consent of the parties, the writ petition is decided finally.
(2.) THIS writ petition has been filed against the orders of Assistant Collector (1st Class) dated 25.07.2013, dismissing Suit No. 41/2012 -13, filed under section 229 of U.P.Z.A. & L.R. Act, holding as not maintainable and Additional Commissioner dated 6.2.2014, dismissing the revision of the petitioners against the aforesaid order. The dispute is in respect of plot Nos. 18, 19, 118m, 119m and 120m of village Chakhareti, pargana, tahsil and district Saharanpur. The suit was filed for declaration of bhumidhar of the disputed land on the allegations that the petitioners were in possession of the land in dispute since before the date of vesting and after the date of vesting, they had become sirdar of it and during consolidation, they were allotted aforementioned new plots.
(3.) A preliminary objection has been raised by District Government Counsel, Revenue, regarding maintainability of the suit. It has been stated that as plots in dispute are the land of the categories as mentioned under section 132 of U.P. Act No. 1 of 1951, as such, in view of provisions of Rule 176 -A, five years is the maximum period for which asami right can be granted to the petitioners over it. After expiry of the period of five years, the petitioners are left with no right, as such, the suit is not maintainable.;