- (1.) Heard Sri PK Dwivedi, learned counsel for the petitioner; Sri Brij Kumar Yadav, learned counsel appearing for respondent nos. 5 and 6, Gaon Sabha and the Land Management Committee; and Sri Upendra Kumar Singh, appearing for respondent no. 7, as also learned Standing Counsel for the State-respondents.
(2.) The writ petition has been filed seeking a writ of certiorari quashing the order dated 12.1.2015, passed by the Addl. Commissioner, Kanpur Division, Kanpur, and the order dated 9.2.2015 passed by the Board of Revenue, Allahabad. The dispute in the writ petition pertains to plot no. 632 (area 0.012 hectares) and plot no. 638 (area 0.081 hectares), situated in village Tajpur Bidhna, District Auraia.
(3.) The case of the petitioner is that he is in possession over the land from prior to 30.6.1985. He is a landless agricultural labourer belonging to a Scheduled Caste. It is alleged that on the basis of this long-standing possession, a resolution was passed by the Land Management Committee (the LMC) that the petitioner be given benefit of sub-section (4-F) of section 122-B of the UP Zamindari Abolition of Land Reforms Act (the Act). This resolution is said to have been forwarded to the Sub-Divisional Officer (the SDO) who accepted the same on 28.2.2013. Thereupon, the name of the petitioner was recorded over the land in question. Aggrieved by the said order of the SDO, the contesting respondents filed a revision before the Addl. Commissioner who by his order dated 12.1.2015 set aside the order on the ground that the petitioner was not entitled to the benefit under section 122-B (4-F), and such benefit had been granted in violation of the Rules in this regard. It was further directed that the disciplinary proceedings be initiated against the concerned Lekhpal/Revenue inspector/Tehsildar and the SDO, who were responsible for the illegal grant of benefit of sub-section (4-F) of section 122-B of the Act.;