- (1.) ASHOK Bhushan, J. Heard Sri R. B. Singhal, Sri Pradeep Kumar Bhardwaj, Sri R. K. Mishra, Sri B. D. Mishra, Sri Sharad Mandhyan, Sri Manoj Pathak, Sri Santosh Kumar Srivastava, Rajendra Kumar Mishra, Sri V. K. Mishra, Sri Abhishek Mayank, Harish Chandra Mishra, Sri Javed Habib, Sri B. M. Singh, Sri Syed Mahmood, Sri Ashfaq Ahmad Ansari, Sri Anil Kumar Aditya and Sri Triveni Shanker, learned counsel appearing for the petitioners. Sri V. K. Singh has been heard for respective Land Management Committees and learned Standing counsel has been heard for the State.
(2.) ALL the above writ petitions raise similar issues, which have been heard together and are being disposed of by this common judgment. Learned counsel for the parties have agreed that writ petitions be finally decided. Counter affidavit has been filed by learned Standing Counsel in Writ Petition No. 4095 of 2008 to which rejoinder affidavit has also been filed, the said writ petition is being treated as leading writ petition. All the above writ petitions can be conveniently grouped in three different categories. The first group of the writ petitions are Writ Petition Nos. 4095 of 2008, 7146 of 2008, 7160 of 2008, 7164 of 2008, 7168 of 2008, 9775 of 2008, 4093 of 2008, 15115 of 2008, 15057 of 2008, 15102 of 2008, 15579 of 2008 and 14162 of 2008 in which writ petitions prayer has been made for quashing the letter dated 9tn June, 2006 issued by the Commissioner and Secretary, Board of Rev enue as well as the orders issued by the Tahsildar directing expunction of the entries of the petitioners whose names were recorded as asami in the revenue entries.
(3.) PETITIONERS' case in the writ petition is that a report was sent by Lekhpal and forwarded by other revenue officials to Tahsildar/sub-Divisional Officer stating that the names of the petitioners are continuing in Class-3 as asam in Khatauni, which may be expunged and the land be vested in the State. The Tahsildar/sub-Divisional Officer acting on the said reports, has directed expunction of the en tries. PETITIONERS' grievance is that the said expunction has been directed without drawing any proceeding and without issuing any notice to the petitioners. The second group of writ petitions are Writ Petition Nos. 11932 of 2008, 5884 of 2008, 10702 of 2008, 4288 of 2008, 4285 of 2008, 4286 of 2008, 4287 of 2008 and 18273 of 2008. These writ petitions have been filed against the orders passed by Tahsildar/sub-Divisional Officer directing expunction of the entries. Revision was filed before the Commissioner under Section 219 of U. P. Land Rev enue Act, 1901, which having been rejected, writ petitions have been filed chal lenging the order of the Tahsildar/sub- Divisional Officer as well as the order of the revisional Court.;