IRSHAD AHMAD AND OTHERS Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2019-8-34
HIGH COURT OF ALLAHABAD
Decided on August 07,2019

Irshad Ahmad And Others Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

Yashwant Varma, J. - (1.) Heard Sri Ashok Nath Tripathi learned counsel for the petitioners and Sri Rajesh Srivastava learned Standing Counsel for the State respondents.
(2.) This petition calls in question an order passed by the Sub Divisional Officer dated 04 November 1995. A challenge is further laid to the orders of 27 December 2002 and 11 December 2003. By the original order an asami lease which was granted to the petitioners was held to be terminated and consequential directions issued for expungement of their names from the relevant record. The petitioners are stated to have filed an application for recall of that order which was dismissed on 27 December 2002. That order has been affirmed by the authority in revision.
(3.) The petitioners claimed rights over the property in question in light of a lease executed in their favour in respect of plot Nos. 1998 and 1999. Undisputedly the plots in question fell in the category of land enumerated in Section 132 of the U.P. Zamindari Abolition And Land Reforms Act, 1950 ["the 1950 Act"]. It was admittedly a lease referable to the provisions of Section 197 of the 1950 Act. The Patta which had been executed on Form-59 did not prescribe a particular tenure for the lease. However, bearing in mind the nature of the lease, indubitably it would be governed by the provisions made in Rule 176A of the Rules framed under the 1950 Act.;


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