S.N.SRIVASTAVA, J. - (1.) THOUGH the relief sought in this petition was to issue a writ, direction or order in the nature of mandamus directing the respondent No. 2 to decide the case No. 15 of 2007 under Section 33/39 L.R. Act, pending before S.D.M. Tahsil Sadar Allahabad regarding plot No. 532 admeasuring 2 Bighas 5 Biswas situated in village Kareli Tahsil Sadar District Allahabad, it transpired that earlier petition filed by the petitioner had already culminated in dismissal and the petitioner camouflaging the factum of dismissal of earlier writ petition preferred the present petition and further the Court made certain queries which are reproduced below : “(1) Whether Zamindari has been abolished in the City of Allahabad particularly in village Kareli, Tansil Sadar District Allahabad if so the copy of notification. (2) The entire record by which petitioners' names were mutated in Khatauni on the basis of unregistered mortgage deed relied upon by the petitioners, reference to which has been made in the Khatauni and details of which have been mentioned above. (3) If petitioners' names were expunged, the copy of the order if any, alongwith the entire record. (4) Whether any proceeding under Sections 33/39 of the U.P. Land Revenue Act is pending before Tahsildar if so, the entire record of that proceeding.”
(2.) SUBSEQUENTLY , it transpired that the order dated 15-2-1977 allegedly passed in case No. 15 of 1976 which was incorporated on 20-10-1993 in the revenue record and which furnished foundation for claim of the petitioner, was found to be forged inasmuch as it was found that neither any such case was registered nor any such order was ever passed in so far land in question was concerned. In the circumstances, this Court in its order dated 28-4-2006 directed root and branch enquiry on the precise points for scrutiny which are quoted below : “(a) the forged entry made in Khatauni or Khasra if there is no order passed by any competent authority; (b) the entry made in favour of a person on the land vested in the State and under management of the State and governed by Section 132 of the U.P.Z.A. and L.R. Act; (c) the entry made in favour of any person without any registered document on transfer of land whether by registered sale deed, gift deed, mortgage deed, etc.; (d) the entry made in the revenue record like the present one where in fact there was no case or order passed but it was referred to in Khataur without any valid basis alleging it to have been made pursuant to some order in some case.” While directing scrutiny on the above points, the Collector Allahabad was called upon to submit complete report by 15th May, 2006. To sum up, upon direction of this Court directed Sub- Divisional Officer Allahabad to produce relevant Khatauni of Sadar Tahsil of Allahabad City, the original records were produced. The Court was also intimated by the Sub-Divisional Officer and other Tahsil authorities that in Sadar Tahsil large number of forged entries were made upon which this Court directed to make verification of entries from the basic year record. The District Magistrate, in compliance of the order of this Court has deployed number of officials and as intimated, the verification of the record from the basic year original record has already been taken to completion involving 191 villages and the original records have been updated accordingly. It is revealed from the record that number of properties vested in the State called State land were also detected against which unauthorized entries were made and good number of residential houses have also been erected thereon for the last several years.
(3.) SRI Sanjai Goswami, learned Standing Counsel for the first time, put forth the Gazette notification dated 3rd January, 2003 from a perusal of which it would transpires that amendment was effected in the State Land Management Rules, 1987 to the effect that a person who was found in actual unauthorized possession/occupations on 1st April, 1992 shall be bestowed the rights of non-transferable or transferable allottee on certain conditions and to certain extent. It has been enumerated that application for the same shall be made within three months from the date of notification. It has been adverted to the notice of the Court that such rules were not published in the newspaper and therefore, common people in oblivion could not gain knowledge of the amendment and policy decision of the Government and therefore, persons who were likely to be beneficiaries of these rules could not file application within the prescribed time benefiting from the policy decision taken by the Government for regularization of constructions made on the State land upto 1st April, 1992.;