RAJIV JOSHI, J. - (1.) Heard counsel for the petitioners, Sri. M.S. Pipersenia assisted by Sri. Pushendra Singh, counsel for respondent no. 3 and learned standing counsel. This writ petition has been filed challenging the order dated 21.5.2018 passed by the Collector/District Director of Consolidation, Etah, whereby recall/restoration application filed by the petitioner has been rejected affirming the order dated 8.9.2008, by which name of the petitioners and other persons were expunged from the revenue records.
(2.) The facts as reflect from record are that petitioners claimed that Bhoodan Yagya Committee-respondent no. 3 granted a patta in favour of the petitioners and other persons on 23.12.1988. Subsequently, on the basis of report of Lekhpal/Sub Divisional Magistrate, dated 4.10.1997, the entries regarding name of the petitioners and others, were expunged from the revenue records in the proceedings under section 33/39 of the Land Revenue Act vide order dated 13.10.1997. The said order was challenged by some other alleged allottees by filing several writ petitions, one of which being Writ Petition No. 313116 of 2003 and the High Court vide order dated 6.8.2003 while setting aside the order dated 13.10.1997, remanded the matter to the District Director of Consolidation, Etah to reconsider the case after giving opportunity to the parties concerned. Pursuant to the said order, the petitioners filed objection/representation before the authority concerned and the Collector/District Director of Consolidation, Etah passed an order dated 8.9.2008 expunging the names of the petitioners and other allottees, recording a finding that entries were fraudulently made in the revenue records and no such allotment was made by the Bhoodan Yagya Committee-respondent no. 3 in favour of the petitioners and others. Even otherwise, a finding is also recorded that in revenue records, in the name of Bhoodan Yagya Committee only 224.06 acres of land is recorded whereas pattas are claimed to have been granted to the extent of 334.82 Acres, which is more than about 110 acres than the land actually possessed by Bhoodan Yagya Committee, therefore, all the entries are forged. It is further recorded that after grant of alleged Pattas, no efforts were made by the petitioners and others to get their names recorded in the revenue records.
(3.) The petitioners filed a recall application on 27.7.2017 i.e. after a lapse of 9 years against the order dated 8.9.2008 expunging their names. By the order impugned in this petition, the said recall application has been rejected.;