Ram Surat Ram (Maurya), J. - (1.) Heard Sri Mohmmad Arif Khan, Senior Advocate, assisted by Sri Mohmmad Aslam Khan, for the petitioners and Sri Girish Chandra Sinha, for contesting respondents.
(2.) The writ petition has been filed against the orders of Sub -Divisional Officer, dated 06.01.2014 and Additional Commissioner, dated 22.08.2014, passed in proceeding under Sec. 33/39 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act).
(3.) Pappu and Firoz (the petitioners) filed an application (registered as Case No. 115) (at present registered as Case No. 19/4/21) under Sec. 33/39 of the Act, for deleting the name of Mohammad Khan son of Madde Khan from plot 754 (area 0.076 hectare), recorded in khata 145 and 754 (area 0.7900 hectare), recorded in khata 251 (along with other plots) of village Unnao (outside of municipal limit), tahsil and district Unnao, in khatauni 1416 F -1421 F. It has been stated by the petitioners that Evaz Khan, their grand father, was sole tenure holder of plot 754 (area 3 -8 -10 bigha) since before 1360 F. In consolidation also name of Evaz Khan alone was recorded over plot 754 in CH Form -45 and same entry continued in khatauni 1388 F -1394 F. Evaz Khan was co -tenure holder along with Mohammad Khan son of Madde of plots 725 and 1142 and some other plots, which were recorded in separate khata in their names. However, plots 754 was wrongly came to be recorded in khata 145 and 251 of the khatauni 1316 F -1321 F, jointly in the names of Evaz Khan and Mohammad Khan, without order of competent authority. Accordingly it was prayed that a separate khata of plot 754 be made in their names.;