Ajit Kumar, J. - (1.)By means of the present writ petition under Article 226 of the Constitution the petitioner has challenged the order dated 28th June, 2006 passed by the Additional District Magistrate (Land-Revenue), Jaunpur in Case No.- 314 under Section 198(4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 as well as the order dated 30th April, 2019 passed by the Commissioner, Varanasi Division, Varanasi.
(2.)The grievance of the petitioner is that the petitioner's grand father was given lease over the land in question way back in the year 1965 and thereafter he came to be recorded as bhumidhar over the land and after the death of the petitioner's grandfather and father, the name of the petitioner came to be recorded over the land. However, the authorities without giving any opportunity of hearing to the petitioner's father held that that the land was initially recorded as pond and, therefore, no notice was required to be given to the person, who is in unauthorized possession and straightway the order has been passed holding the lease to be void and directing for striking off the name of petitioner's father and restoring the land in the name of Gaon Sabha. There is further anomaly being pointed out by the learned counsel for the petitioner that father of the petitioner was alive and was recorded as bhumidhar over the land in question in the revenue records but the proceedings were drawn in the name of the petitioner and, therefore, the entire proceedings were void ab initio and the order passed by Additional District Judge (Land-Revenue) Jaunpur dated 28th June, 2006 is rendered to be non est. The petitioner preferred revision before the Commissioner and the Commissioner has concurred the findings returned by the Additional District Magistrate and dismissed the revision vide order dated 30th April, 2019.
(3.)Per contra, learned Standing Counsel contends that once the land has come to be found initially recorded as pond, it turned out to be a land of public utility and, therefore, the lease in respect of a public land recorded as a public utility land under Section 132 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 cannot be leased out and such a lease is liable to be rendered as void. Learned Standing Counsel has pointed out that in view of the series of the judgments of this Court and the view taken by the Apex Court in the case of Hinch Lal Tiwari no useful purpose will be served even if notice is served as outcome of the ultimate proceedings is going to be the same.