B.L. Yadav, J. - (1.) The Petitioners have filed the present petition Under Article 226 of the Constitution of India against the order dated 24.7.72 passed by the Board of Revenue, the order dated 3.10.69 (in part) passed by the Additional Commissioner and the order dated 26.9.67 passed by the Sub -Divisional Officer, Machchlishahr in proceedings Under Sec. 198(2) of the UP ZA and LR Act (hereinafter referred to as the Act), as it was then applicable.
(2.) The facts in brief are that in respect of plot Nos. 2192 and 2178 etc. the Land Management Committee of village Molnapur, Pargana Mungra, Tahsil Machchlishahr, Distt. Jaunpur resolved on 8.8.64 to grant lease in respect of the land of the Gaon Sabha to Smt. Jokhni (Petitioner No. 11). Again on 20.12.65 it resolved to grant lease to a number of persons including the other Petitioners. No application for cancellation was filed within the period of six months as provided by Serial No. 24 of Appendix 3 for cancellation of lease in favour of the Petitioners, rather on 3.3.67, after about three years an application was filed by one Buddha for cancellation of the lease in favour of the Petitioners alleging that the leases were illegal and the procedure prescribed was not followed and most of the lessees were relations of the Pradhan.
(3.) The Sub -Divisional Officer by his order dt. 26.9.67 cancelled the leases. The Petitioner preferred appeal (as it was then maintainable) and the Additional Commissioner by his order dated 3.10.69 set aside the order of the Sub -Divisional Officer in respect of all the lessees except against Sheo Kumar and Basudeo. A revision was filed by Buddha which was allowed and the result was that all the leases except the lease in favour of Smt. Jokhani were cancelled, whereas the case of Smt. Jokhani was remanded for fresh order by the order dated 24.7.72 passed by the Board of Revenue. It is against these orders that the present petition has been filed.;