Court No. - 9
Case :- WRIT - C No. - 18820 of 2019 Petitioner :- Iliyas And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dileep Kumar Singh,Sheshavatar Mishra Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Shri Arun Kumar Srivastava for the respondent no.3, Land Management Committee as also learned Standing Counsel for the State-respondents.
The writ petition has been filed challenging the order dated 26.08.2014 passed by the Sub Divisional Magistrate/ Parganadhikari, Nagina, District Bijnor, whereby the name of the petitioners have been ordered to be expunged on the ground that the asami lease in their favour had expired long back.
After expunging the name of the petitioner, the land has been ordered to be recorded as it was prior to the lease in favour of the petitioner.
On a report in this regard being made, notices were issued to the petitioner but they fail to respond. Thereafter, the order was passed expunging their names. This order has not been challenged any further and straightway, the instant writ petition has been filed, which is belated by 1634 days.
Admittedly, the asami lease had been granted in favour of the petitioner in 1398 F, which means in the year 1991. The impugned order had been passed in the year 2014 i.e. almost 23 years after the grant of the lease.
The order impugned is therefore, in complete consonance with the provision contained in Rule 172A of the U.P. Zamindari Abolition and Land Reforms Rules.
Under the circumstances, any opportunity of hearing at this stage to the petitioner would be an exercise in futility because in this writ petition, it is not the case of the petitioner that any subsequent asami lease had been granted in their favour. They admittedly claim only on the basis of the asami lease granted, one time, in the year 1991.
In view of the above, there is no merit in the writ petition. It is, accordingly, dismissed Order Date :- 29.5.2019 RKM