B.AMIT STHALEKAR,J. - (1.) Heard Shri Rajiv Sharma, learned counsel for the petitioner, Shri Rajesh Yadav, learned counsel for the respondents no. 4 and 5 and the learned Standing Counsel for the respondents no. 1 to 3.
(2.) The petitioners who are seven in number are seeking quashing of the orders dated 6.1.2017 and 13.11.2017 arising out of proceedings under section 176 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act, 1950).
(3.) Briefly stated the facts of the case, as stated in the writ petition are that the petitioners were allotted plots no. 111 and 239 of Village Kishankheri, P.O. Rampur Maniharan Saharanpur areas 3 Bighas (Kachcha), 6 Bigha, 6 Bigha, 3 Bigha, 3 Bigha, 3 Bigha, 3 Bigha and 3 Bigha in village Kishankheri and Navrangpur respectively since 1987 under a scheme of Sterilization. They are stated to be poor persons of the village and are landless as stated in paragraph 3 of the writ petition. It is also stated that they have been in possession over the land in question for the last 30 years. From the reading of the impugned order it is noticed that proceedings under section 176 of the Act, 1950 were initiated against the petitioner on the ground that the land which was allotted to them was public utility land recorded in the revenue record as pasture land, Khalihan and Khenti, which is a public utility land under section 132 of the Act, 1950 and, therefore, no Patta could have been granted of these lands. A report was called from the Tehsildar who has also submitted his report to the effect that the plots in question were public utility land recorded as such under section 132 of the Act, 1950. Notices of the proceedings were duly issued to the petitioners and the impugned order discloses that they have also filed their objections thereto stating that the land over which they are in possession was duly allotted to them as they belonged to the scheduled caste community and were landless persons. The impugned order also shows that the revenue records were examined by the S.D.M. concerned in which the land is shown to be recorded as Pasture land, Khalihan and Khanti, which is public utility land under section 132 of the Act, 1950. It is thereafter that the impugned order dated 6.1.2017 was passed. Aggrieved by the said order the petitioner filed a recall application which has been rejected by the other impugned order dated 13.11.2017 on the ground that the petitioners had been given adequate opportunity to file whatever evidence they wanted in their favour but nothing was filed by them and therefore the impugned order cannot be said to be an ex-parte order.;