Heard Shri Vishnu Singh, learned counsel for the petitioners, Shri Ghanshyam Yadav, learned standing counsel for the respondents No.1 to 3 and Shri Shailesh Kumar Singh holding brief of Shri Vivek Verma, learned counsel for the respondent No.4-Nagar Nigam.
According to the petitioners, their names were recorded in the revenue records for the plots in dispute, but subsequently in proceedings under Section 33/39 of U.P. Land Revenue Act, the names have been directed to be scored out on the ground that in 1291 fasli, which comes to 1883 A.D., the said land was recorded as pond.
Learned counsel for the petitioners submits that vesting of land has to be adjusted on the date of vesting as to whether land was Talab or pond for the purpose of application under Section 132 of the Zamindari Abolition Act, 1951 and not for any period prior to the coming into force of the Act, 1950.
The matter requires consideration.
Issue notice to the respondents returnable within six weeks. The appellants shall take steps for service on the respondents within one week.
All the respondents may file their counter affidavit within six weeks.
Till the next date of listing, the operation of the order dated 27.10.2016 passed by Additional Commissioner (Administration), Varanasi Division, Varanasi in Revision No.451 of 2016 and the order 01.09.2015 passed by Up Zila Adhikari, Sadar, Varanasi in case No.T2011147001804 shall remain stayed.
Order Date :- 25.11.2016 Ashish Nayan