- (1.) ASHOK Bhushan, J. By these writ petitions the similar issues have been raised, hence, they are being disposed by this Common order. First two writ petitions were heard on 11. 3. 2008 and other three writ petitions were heard on 15. 4. 2008.
(2.) SRI Arun SRIvastava has appeared for the petitioners in all the writ petitions. SRI V. K. Singh appeared for Gaon Sabha and learned Standing Counsel appeared for the State respondents. In writ petition No. 61871 of 2007 prayer has been made to quash the order dated 6. 1. 2006 passed by Sub Divisional Officer directing the expunction of the name of petitioners from class III (Aasami lease holder) and their ejectment. The petitioner filed revision against the said order which was dismissed by the revisional Court vide its order dated 17. 10. 2007. In writ petition No. 9232 of 2008 prayer has been made to quash the order dated 6. 6. 2006 passed by Sub Divisional Officer directing the expunction of name of petitioners as Aasami lease holder and their ejectment. Petitioners filed appeal which was dismissed on 23. 8. 2007, thereafter, they filed revision which has been dismissed vide order dated 13. 11. 2007.
(3.) THE petitioners' case in the first writ petition is that the petitioners were granted Aasami lease of plot No. 224 and their names were recorded since 1375 Fasli in the revenue record as Aasami. THE Sub Divisional Officer on a report submitted by the revenue inspector, registered a case No. 73 of 2004. Notice was issued to the petitioners. THE petitioners filed objection before the Sub Divisional Officer raising various objections. THE petitioners' case was that the land has been allotted to them and there being no period of lease petitioners have acquired right under Section 204 of the Act and they cannot be evicted. It was further claimed that petitioners belong to scheduled caste and they being in possession since before June, 1985, have become bhumidhar with non-transferable right. THE Sub Divisional Officer held that petitioners period of lease having come to an end they ought to have left the possession and they have no right to continue with the possession. Order was passed for expunging the names and ejecting the peti tioners. In writ petition 9232 of 2008 petitioners case is that they were granted Aasami lease of plot No. 67 and their names were recorded from 1375 Fasli. On the basis of a report the case was registered. The petitioners appeared and filed objection on 4th June, 2004. The petitioners' case was that the land is not covered by Section 132 and land belonged to category 4 and no action having taken in the prescribed period petitioners have acquired bhumidhari right. It was further stated that case for cancelling the lease under Section-198 (4) of the Act was filed which was dismissed. Oral eviden?e were also led. The Sub Divisional Officer ordered that petitioners being only Aasami and period of lease having come to an end they are liable for ejectment.;