- (1.) HEARD Sri K.K. Mishra, for the petitioner and Sri V. M. Zaidi, Senior Advocate, assisted by Sri Shahzad Alam, for respondent -5.
(2.) THIS writ petition has been filed against the order of Tahsildar dated 10.02.2014, passed in Case No. 735/376, under Section 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act) mutating the name of Shamshuddin (respondent -5) over plot 207 (area 0.121 hectare) of village Sabarhad (Rasulpur) pargana Anguli, district Jaunpur, on the basis of sale deed dated 22.11.2012 executed by Sitthu alias Siddhu (respondent -4) and order of Sub -Divisional Officer dated 19.11.2012 and 20.11.2012, directing for recording the name of respondent -4 as 'bhumidhar with transferable right' of plot 207 aforesaid and order of Board of Revenue U.P. dated 18.07.2013, dismissing the revision of the petitioner against the aforesaid order dated 19.11.2012.
(3.) THIS case has long checkered history. This is forth writ petition of the petitioner. The dispute between the parties relates to plot 207 (area 0.121 hectare =0.30 acre) of village Sabarhad (Rasulpur) pargana Anguli, district Jaunpur. The petitioner claims that the land in dispute was given to Sageer Ahmad, his father on patta dated 01.06.1946, by then Zamindar. Since then he was in possession of it and after his death the petitioner is in possession. The Consolidation Officer, by order dated 21.04.1971, directed for recording the name of the petitioner over the land in dispute. However, inadvertently, the name of the petitioner was not recorded in final consolidation records. Assistant Collector initiated proceedings (Case No. 468) under Section 122 -B of U.P. Act No. 1 of 1951 read with Rule 115 -C, against one Mohd. Yahiya Khan. In this case, Pradhan admitted the possession and title of the petitioner over the land in dispute. Assistant Collector, therefore by order dated 30.01.1989 dropped the proceeding against Yahiya Khan and directed for recording the name of the petitioner over it as 'bhumidhar with non -transferable right'. Respondent - 4 filed a highly time barred application dated 24.02.2012 for recall of the order dated 30.01.1989, along with delay condonation application, which is pending. In the meantime, as the land in dispute was recorded as gaon sabha land, Land Management Committee granted a patta of the land in dispute to respondent -4 on 31.03.1989. On coming to know about the aforesaid patta, the petitioner filed an application (registered as Case No. 753) under Section 198 (4) of the U.P. Act No. 1 of 1951 for cancellation of patta along with delay condonation application on 20.02.2007. Additional Collector, by order dated 16.01.2008 dismissed Case No. 753 as time barred. The petitioner filed a revision (registered as Revision No. 42/417) from the aforesaid order, which was allowed by Additional Commissioner by order dated 18.03.2011 and the matter was remanded to Additional Collector to decide the case on merit. After remand, the petitioner filed applications dated 24.06.2011 and 01.08.2011 for interim order. Additional Collector avoided to pass any order on these applications, then the petitioner filed Writ -C No. 60578 of 2011, which was disposed of by order dated 19.10.2011, directing Additional Collector to decide the applications of the petitioner. Thereafter, Additional Collector, by order dated 25.11.2011, rejected the applications of the petitioner. The petitioner filed Writ -C No. 5488 of 2012 from the aforesaid order, which was dismissed by order dated 17.07.2013 but Additional Collector was directed to decide Case No. 753, expeditiously preferably within three months.;