A.P.Sahi, J. - (1.) Heard learned counsel for the petitioners and the learned Standing Counsel as well as learned counsel for the caveators.
(2.) The proceedings arise out of a report filed by the Lekhpal under Section 186 of the U.P.Z.A.& L.R. Act, 1950 which reads as under: " 186. Abandonment(1) Where a (bhumidhar with non-transferable rights) (other than a minor, lunatic or idiot) or asami has not used his holding for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming for two consecutive agricultural year (the Tahsildar may, on the application of the (Gaon Sabha) or the landholder or on facts coming to his notice otherwise, issue a notice to such (bhumidhar with non-transferable rights) or asami, as the case may be, to show cause why the holding be not treated as abandoned. (2)The application shall contain such particulars as may be prescribed. (3)lf the tahsildar finds that the application has been duly made he shall cause to be served on the (bhumidhar with non-transferable rights) or the asami or publish in the manner prescribed a notice in the form to be prescribed requiring him to appear and show cause on a date to be fixed why the holding be not held as abandoned. (4) If the (bhumidhar with non-transferable rights) or the asami does not appear in answer to the notice or appears but does not contest it, the Tahsildar shall declare the holding as abandoned and thereupon, except provided in(Section 172), the holding shall be deemed to be vacant land. (Provided that no declaration under this sub-section shall made in respect of a holding or any part thereof, if the same has been mortgaged by the (bhumidhar with non-transferable rights) under sub-section (2) of Section 153 and the mortgage has not been fully redeemed, in which case the Tahsildar shall move the Collector for the realization of the loan in such manner as may be prescribed.) (5) If the (bhumidar with non-transferable rights) or asami appears to contest the notice, the Tehsildar shall drop the proceedings.)"
(3.) The petitioners had been admittedly granted lease but the Lekhpal reported that after the said lease was granted in 1383 Fasli, the petitioners left the Village after four years and started living in Village Tumaria where also they obtained allotment of land. The report further recited that the procedure adopted for seeking allotment of land in another village disqualified the petitioners from retaining the allotted land and as a matter of fact they had abandoned their holdings at Saeedabad. The said report was entered and Tehsildar proceeded to pass an order on 27.2.2001. Accordingly, the name of the petitioners was directed to be expunged in exercise of powers under Section 186 of the Act.;