Devendra Kumar Upadhyaya, J. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Sri Azad Khan, learned counsel representing the Goan Sabha concerned.
(2.) The petitioner by instituting these proceedings under Article 226 of the Constitution of India has challenged the validity of the notice dated 03.08.2018 issued to him under Section 128 of the U.P. Revenue Code, 2006 requiring him to submit his reply in respect of the proposed action of cancellation of Patta in relation to Gata No. 925M/1, having an area of 0.180 hectare, situate in Village Saidkhanpur, Pargana Dariabad, Tehsil Sirauli Gauspur, District Barabanki.
(3.) Submission of learned counsel for the petitioner is that the land in question was settled in favour of the petitioner giving him the benefit of the provision of Section 122-B (4-F) of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as "U.P. Z.A. & L.R. Act") by means of order dated 30.07.2008, passed by the Sub Divisional Officer and, thus, it was not that the petitioner was admitted to the said land in question on the basis of any lease granted to him. In this view, the submission made on behalf of the petitioner is that in absence of the land in question having been granted to the petitioner by means of execution of any lease, the proceedings under Section 128 of U.P. Revenue Code, 2006 could not be instituted against the petitioner and accordingly the impugned show cause notice is absolutely unlawful and without jurisdiction.;