- (1.) BY means of this writ peti­tion, the petitioner has challenged the order dated 15-9-1998 passed by the District Mag­istrate, Faizabad, opposite party No.2, in pur­suant to which amaldaramad was made in the Khatauni for 1404 to 1409 Fasli year in re­spect of plot No. 477 situate in village Banveerpur, Faizabad under Section 117(1) U.P. Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred as an 'Act') by the State Government for constructing the building in the name of Gautam Buddh Rajkiya Mahavidyalaya, Banveerpur, Faizabad and expunging the name of the petitioner from the said plot from the revenue records.
(2.) HEARD Sri I. D. Shukla, holding brief of Sri S.K. Mahrotra learned counsel for the petitioner, Sri Niramal Tewari, learned Addi­tional Chief Standing Counsel for opposite parties Nos.1 and 2, Sri R.N. Gupta learned counsel for opposite party No. 3 and Sri Mahesh Chandra appearing on behalf of op­posite parties Nos. 4 and 5. Learned counsel for the petitioner has submitted that the controversy in present case relates to plot No. 477 (new) (old plot No. 622) measuring 7 bigha and one bishwa situ­ate in village Banveeipur district Faizabad was allotted by way of Patta in favour of the peti­tioner on 30-5-1960 by the Land Management Committee of Village Banveeipur, Faizabad. After allotment of Patta in respect of the plot in question, amaldaramad was made in favour of the petitioner in Namantaran Bahi on 8-7-1986 and thereafter with effect from 13-9-1986 the petitioner was in possession of the plot in question.
(3.) ON 6-2-1992, the Sub-Divisional Officer while exercising his power under Section 33/ 39 of the U.P. Land Revenue Act, passed an order on the basis of ex parte report of Naib Tehsildar, Sadar for expunging the entry in the name of the petitioner from the plot in ques­tion.;