Anjani Kumar Mishra, J. - (1.) HEARD learned Counsel for the petitioners and Shri Brij Kumar Yadav, who has accepted notice on behalf of the respondent No. 7, Land Management Committee. The writ petition has been filed challenging an order dated 19.8.2014 passed by the Collector Kanpur Dehat on an application filed by the petitioners. By this order, the application/representation of the petitioners has been dismissed.
(2.) THE facts of the case briefly stated are that suo motu proceedings under section 198(4) of the Act were drawn against the petitioners being Case No. 204 of 2003 -04. The Collector Kanpur Dehat by his order dated 3.6.2005 set aside the allotment of plot Nos. 248 -Gha area 0.205 hectares and plot 222 -Ga area 0.205 hectares situated in Mauza Juriya, Tehsil Derapur and directed that the land in question be recorded in the name of the Forest Department as it was prior to the allotment. Against this order passed in proceedings under section 198(4) the petitioners preferred a revision before the Collector, who by his order dated 15.9.2005 allowed the revision and remanded back the matter to the collector for taking proceedings under appropriate provision of law. This order of remand was passed on the ground that the petitioners -revisionists had been granted the benefit of section 122 -B (4 -F) of the U.P.Z.A. and L.R. Act on the land in question and on its basis the petitioners was recorded thereon which could not be set aside in proceedings under section 198(4).
(3.) IT appears that thereafter the petitioners made a representation to the Collector. In this representation it was stated that the petitioners had been allotted the land in question by the Land Management Committee vide its resolution dated 24.9.1992 and that the petitioners are in possession whereof ever since. It was further stated that the Forest Department is trying to dispossess the petitioners from the land allotted to them. It would, therefore, prayed that the Forest Department be restrained from interfering in the possession of the petitioners over the land allotted to them.;