RAN VIJAI SINGH, J. - (1.) HEARD Sri Shailendra Singh,learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Arun Kumar Srivastava,learned counsel for the Gaon Sabha.
(2.) THE submission of learned counsel for the petitioner is that the Plot No. 78M measuring about 0.253 hectare was allotted to the petitioner on lease and for cancellation of the said lease, a proceeding was initiated under Sub -Section 4 of Section 198 of U.P.Zamindari Abolition and Land Reforms Act, 1950, which was numbered as Case No. 125 before the Additional Collector, Bijnor. The application for cancellation was rejected on 8.3.1978. Thereafter, name of the petitioner's father was recorded. After his death, petitioner's name was recorded but the same was abruptly expunged by the Tehsildar Dhampur vide order dated 18.1.2009 in a proceeding under Section 33/39 of U.P.Land Revenue Act, 1901 ( in short ' the Act') without there being any opportunity or notice to the petitioner. The petitoner has filed revision that has been dismissed as barred by time. The contention is that once the application for cancellation of lease was rejected, the entries in the revenue record in favour of the petitioner could not be expunged under Section 33/39 of the Act. So far as time barred revision is concerned, learned counsel for the petitioner contends that since the order dated 18.1.2009 was an exparte order and when the petitioner came to know about the same, he has filed revision and there was no fault of the petitioner. In the submission of learned counsel for the petitioner, on the basis of the impugned order, the respondents are trying to dispossess the petitioner from the land in dispute and in case the petitioner is dispossessed, he would suffer irreparable loss and injury. Matter requires scrutiny. Issue notice. Notices on behalf of respondents no. 1, 2 and 4 have been accepted by the office of learned Chief Standing Counsel whereas Sri Arun Kumar Srivastava has put in appearance on behalf of respondent no. 3, therefore notice need not be served again to respondents no. 1 to 4.
(3.) LEARNED counsel for the respondents are granted six weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List thereafter.;