MAHESH CHANDRA TRIPATHI,J. - (1.) Heard Shri A.P. Tiwari, learned counsel for the petitioners and Shri Sanjay Kumar Singh, learned Standing Counsel for the State respondents. Shri S.K. Tiwari appears for respondent Nos. 6 to 11.
(2.) The petitioners are before this Court assailing the order dated 23.9.2014 passed by the third respondent i.e. Additional Commissioner (Judicial), Moradabad Division, Moradabad in Revision No. C-201413000093; order dated 28.1.1997 passed by the fourth respondent i.e. Additional District Magistrate, Badaun (Now District Shambhal) in Case No. 109 (92-93) as well as the notice dated 16.7.1990 issued by the fourth respondent and for directions to the respondents not to dispossess them from their respective land.
(3.) Record in question reflects that on 21.12.1989 the Land Management Committee granted lease in favour of 21 villagers, including the petitioners, of village Rajwana, Pargana Asadpur, Tehsil Gunnaur, District Shambhal for agricultural purposes and the same was approved by the Sub Divisional Magistrate, Tehsil Gunnaur, District Badaun on 21.3.1990. Thereafter the names of the petitioners were recorded in the revenue record on the strength of the lease so approved and all the allottees were given possession of the land in question. Some complaint was made for cancellation of lease on the ground that the resolution was wrongly passed in favour of several persons in which some of the persons were relatives of the Pradhan and some of the persons were relatives of Lekhpal, who was Secretary of the Land Management Committee, and no prior permission for allotment was taken from the Collector for allotment of the lease to the relatives of Pradhan as well as Secretary of the Land Management Committee. On the aforesaid complaint, the Sub Divisional Magistrate, Gunnaur submitted a report on 5.7.1990 to the effect that the allotment made in favour of 21 allottee's was irregular for certain reasons. The fourth respondent issued notices to all the allottee's under Section 198 of U.P. Zamindari Abolition and Land Reforms Act, 1951 (hereinafter referred to as '1950 Act') on 16.7.1990. All the allottee's including the petitioners submitted their objections/reply to the notices on 5.11.1990.;