Siddhartha Varma, J. - (1.) This writ petition has been filed against the order dated 15.5.2018 passed by the Sub Divisional Magistrate, khania, Ghazipur by which the Recall Application of the petitioners for the recalling of the order dated 7.9.2015 by which the respondent no. 3 was entered as bhumidhar with non-transferable rights has been rejected. The petitioners claim that they had been in illegal possession over the plot no. 294 after it was declared in the consolidation operation as land for public utility and, therefore, they should have been given the benefit of Section 122-B (4F) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, (hereinafter referred to as 'the U.P.Z.A. & L.R. Act') and not the respondent no.3.
(2.) Learned counsel for the petitioners submits that by the order dated 7.9.2015 illegally the respondent no. 3 had been extended the benefit of provisions of Section 122-B (4F) of the U.P.Z.A. & L.R. Act while, in fact, they were in possession from much before 13.5.2007 and, therefore, they should have been given the benefit of the provisions of Section 122-B (4F) of the U.P.Z.A. & L.R. Act. He further states that the application of the petitioners filed for the recalling of the order dated 7.9.2015 was wrongly rejected by the impugned order dated 15.5.2018 saying that the petitioners were not entitled for getting the benefit of Section 122-B (4F) of the U.P.Z.A. & L.R. Act. The observation in the impugned order that the petitioners had absolutely no evidence to prove that they could be extended the benefit of the provisions of Section 122-B(4F) as there was a report of the Revenue Authorities in favour of the respondent no. 3 was also absolutely erroneous as the report itself was wrong.
(3.) Learned counsel for the petitioners further submitted that when the petitioners were in possession over the plot in question from much before 13.5.2007 then the Sub Divisional Magistrate, Jakhaniya, District - Ghazipur, should have recalled the order dated 7.9.2015 which was based on only an ex parte report of some Revenue Authority which was nothing else but a result of fraud and manipulation and, therefore, the order should have been set aside.;