- (1.) HEARD Mr.Mohd. Arif Khan, Senior Advocate duly assisted by Mr. Mohd. Aslam Khan, learned Counsel for the petitioners and learned Standing Counsel.
(2.) THROUGH the instant writ petition, the petitioners pray for quashing the order dated 22.11.2010 (Annexure No.13), whereby the opposite party No.1 has not only deleted the name of Sohani but also the name of Badlu Ram, father of petitioner No.1 from revenue records. Further, vide order dated 23.11.2010 (Annexure No.14), the opposite party No.1 has modified his earlier order dated 22.10.2010 directing for deletion of petitioner No.2 also, which is impugned in the instant writ petition.
(3.) IN nutshell, the case of the petitioners is that the dispute pertains to plot no.1714, area 1.07 hectare and plot no.1831 area 9.50 hectares situated in village Singhparasi, Pargana, Tehsil and District Bahraich. In Khatauni 1138 Fasli, the aforesaid plots alongwith other plots were recorded in the name of Nankau, S/o Ramdin by Caste Kahar and Badlu Ram, S/o Bhaggu Lal by caste Kaer with a duration of 4 years. The said entry continued upto 1375 Fasli and in Khatauni 1376 -81 Fasli, the names of Nankau and Badlu Ram disappeared (matrook) and the plots in dispute alongwith alongwith other plots were recorded as Talab. When the father of the petitioner No.1 came to know this fact, he preferred a Suit under Section 229 -B of Uttar Pradesh Zamindari Abolition and Land Reforms Act for declaration that he is Bhumidhar of the plots in dispute which was registered as Case No.104/852. The Judicial Officer, Bahraich on a consideration of entire facts and evidence on record decreed the Suit, vide judgment and decree dated 14.2.1970 declaring Badlu Ram to be the Bhumidhar. Accordingly, an entry was made in Khatauni 1376 -81 Fasli recording the name of Badlu Ram, father of petitioner No.1. After the death of Badlu Ram, the name of petitioner No.1 was not recorded over the plots in dispute. Therefore, he made an application under Sections 33/39 of U.P. Land Revenue Act before the Sub -Divisional Officer, Sadar, Bahraich. After issue of due proclamation ad no objection having been filed against the said application, Tahsildar (Judicial), Sadar, Bahraich after recording the statement of petitioner No.1, Avesh Ali Khan, Pradhan of Gaon Sabha and concerned Lekhpal as well as statement of Prem Kumar one of the so -called allottee, allowed the application for mutation of the name of the petitioner No.1 vide order dated 2.1.2007. In pursuance of the order dated 2.1.2007 passed by the Tahsildar (Judicial), Sadar, Bahraich in case No.1108/53, an entry was made in Khatauni 1411 -16 Fasli. After mutation was made in favour of the petitioner No.1, he sold an area of 0.012 hectares in favour of petitioner under a registered sale deed dated 12.9.2008 and thereafter, he again sold an area of 0.081 hectares in favour of petitioner No.3 and vide sale deed dated 12.7.2010, he sold an area of 0.109 hectare in favour of petitioner No.2.;