Court No. - 6 Case :- WRIT - C No. - 46876 of 2010 Petitioner :- Jagmohan & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- K.S. Tiwari,Vivek Tiwari Respondent Counsel :- C.S.C. Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners.
It is contended that the name of the petitioners came to be recorded in the
revenue record on the basis of the lease deed executed by the Gaon Sabha in
their favour. Subsequently, after about seven years an application was filed
before respondent no.5 for recall of the order on various grounds. The matter
travelled up to the Board of Revenue and the Board of Revenue has wrongly
and illegally set aside the order of mutation on the ground that the patta
granted in favour of the petitioner was illegal whereas this can only be done in
the proceeding under Section 198 (4) of the U.P. Z.A. & L.R. Act and not in
mutation proceeding. Prima facie, there appears to be force in the submission.
The matter requires scrutiny.
Learned standing counsel representing respondent nos.1 to 3 may file counter
affidavit within six weeks.
Issue notice to respondent nos.4 and 5 through registered post with AD
returnable at an early date for filing counter affidavit. Steps to be taken within
ten days.
List on the date fixed by the office on the notice.
Meanwhile, considering the facts and circumstances, until further order of this
Court the effect and operation of the order dated 27.3.2010 passed by the
Board of Revenue-respondent no.2 in Revision No.283/LR-98-99 shall
remain stayed.
Order Date :- 10.8.2010
Anupam