- (1.) NOTICE on behalf of opposite parties has been accepted by learned Chief Standing Counsel.
(2.) BY means of present writ petition, the petitioner is seeking a writ in the nature of mandamus for commanding the Additional Commissioner (Administration), Lucknow Mandal Lucknow to decide Revision No. C -201510000049 under Section 333 U.P.Z.A. and L.R. Act (Shambhu Vs. Up Ziladhikari Bakshi Ka Talab, Lucknow). Petitioner has further prayed that he may not be evicted from the land bearing Gata No. 533 Ka area 0.0215 hec. out of Khata No. 00493, and Gata No. 434rakaba 0.045 hec. Gata No. 548 rakaba 0.220 hec. total rakaba 0.668 hec. situated at village Kamlabad Badhauli, Pargana Mahona, Tahsil Buxi Ka Talab, Lucknow.
(3.) SUBMISSION of learned counsel for the petitioner is that petitioner is a landless person and has no land except Gata No. 533 kh area 0.0215 hec., out of Khata No. 00493, Gata No. 534 rakaba 0.045 hec., Gata No. 548 rakaba 0.220 hec., total rakaba 0.668 hec. situated at village Kamlabad Badhauli, Pargana Mahona, Tahsil -Buxi Ka Talab, Lucknow, which is recorded as Navin Parti in revenue record and was in possession over the said land for the last 40 -50 years. Petitioner applied for declaring him as Bhumidhar in pursuance of Section 122 -B(4 -F) of U.P.Z.A. and L.R. Act. On the application of the petitioner, the report was called from the Circle Lekhpal and Circle Lekhpal in his report categorically stated that Gata No. 533 kh area 0.0215 hec. out of Khata No. 00493, Gata No. 534 rakaba 0.045 hec., Gata No. 548 rakaba 0.220 hec., total rakaba 0.668 hec. situated at village Kamlabad Badhauli, Pargana Mahona, Tahsil -Buxi Ka Talab, Lucknow is recorded as Navin Parti in revenue record and Gata No. 534 is reserved for Harijan Abadi and the petitioner is in possession over the said land for the last several years. Further submission of learned counsel for the petitioner is that the Up Ziladhikari without considering the genuineness of the case and without considering the point that the petitioner is landless person and belongs to scheduled caste community and has no land except the above said land, rejected the application of the petitioner vide order dated 19.11.2014. Petitioner feeling aggrieved against the said order preferred Revision under section 333 of U.P.Z.A. and L.R. Act. It is also submitted that during the pendency of revision, the opposite party no. 3 has issued a notice to the petitioner with a direction to remove all his belongings with immediate effect. Therefore, the petitioner is constrained to approach this Court by means of present writ petition.;