SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Rahul Mishra, learned counsel for the petitioner and Sri Abhishek Shukla, learned Standing Counsel for the State-Respondents.
(2.) Briefly stated facts of the present case are that undisputedly the petitioner was granted a lease as Asami by the Assistant Collector of the Tehsil concerned on 07.12.1993. His name was entered in the khatauni as Assami which continued in khatauni till the year 1411-1416 Fasli. There is no dispute that the petitioner remained in possession of the Khasra Plot No. 233 measuring 0.216 hectares and Khasra Plot No. 256-ka measuring 0.136 hectares, total area 0.352 hectares of village Kaimaha, Pargana, Tehsil and District Mahoba, in respect of which the aforesaid lease was granted to him. He was also paying revenue to the Government amounting to Rs. 3.35. His lease was cancelled by the respondent No. 3 vide order dated 28.11.2008 on the ground that in view of the provisions of Section 176A(2) of the U.P.Z.A. and L.R. Act, 1950, the period of lease granted to an Asami cannot exceed five years. The Revision No. 132/72 of 2008-09 filed by the petitioner was dismissed by the Additional Commissioner (I), Chitrakoot Dham Division, Banda by order dated 19.02.2010. Aggrieved with these two orders, petitioner has filed the present writ petition.
(3.) Learned counsel for the petitioner submits that in evidence, the petitioner has filed Kisan Bahi, Agenda dated 14.04.1990, Munadi dated 21.04.1990, Z.A. Form 58 and a copy of proceeding dated 21.04.1990 to establish that he is Asankramniya bhumidhar of the leased land. In oral evidence, he produced the then Village Pradhan of the Village. The respondent No. 3 called for the original record of the lease allotment and recorded a finding that lease was granted to the petitioner as Asami and, therefore, its term cannot exceed beyond five years. Consequently, he directed the name of the petitioner to be struck off from the Khatauni of 1411-1416 Fasli from Khatauni Khata No. 689.;