Allahabad High Court
Sri Islam & Others vs Addl. Commissioner, Meerut & ... on 15 April, 2013
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- WRIT - C No. - 21403 of 1998
Petitioner :- Sri Islam & Others
Respondent :- Addl. Commissioner, Meerut & Others
Petitioner Counsel :- M.Islam,Harsh Narayan Sharma,M.K. Rajvanshi,N.C. Rajvanshi,N.I.Jafri,Vijay Bahadur Khare
Respondent Counsel :- C.S.C.,Madhusudan Dikshit,N.K. Sharma,Shyam Lal Misra,V.K. Singh,Virendra Kumar
Hon'ble Rajes Kumar,J.
The dispute in the present writ petition is that whether Khasra no. 202 is recorded in the Revenue record as a pond or as a Banjar land. The said land has been allotted to the petitioners in the year 1894. The allotment has been cancelled on the ground that the said land was the pond. In an affidavit, filed by Sri Shailendra Kumar, Tehsildar Kairana dated 4.5.2007 in paragraph-5 he has stated that the said land is recorded as Banjar land and was never recorded as pond. On record, there is one counter affidavit dated 16.9.2007, filed by one Sri Mumtaj, son of Zinda Hasau. Annexure-1 is the disposal of the complaint wherein it is mentioned that Tehsildar Kairana in his inquiry report has reported that on spot Khasra No. 202 is in the form of Talab and it is filled with water and there is no possession of anyone. This report is dated 18.10.2006. The question for consideration is that whether Khasra No. 202 has ever been recorded in the Revenue record as a pond and what is the basis of recording the finding by the revisional authority that it is a pond.
Let the District Magistrate, Muzaffar Nagar may give his report along with documentary evidence that whether Khasra No. 202 Kairana has ever been recorded in the Revenue record as a pond or it is recorded as a Banjar land. The District Magistrate, Muzaffar Nagar is further directed to look into that whether any manipulation in the Revenue record/entry has been made. The District Magistrate, Muzaffar Nagar may also look into from the record that when on 9.8.1994 the said land was allotted to the petitioners whether the nature of the land was pond and was being used for the purposes of fisheries, whether it has ever been allotted to anyone for the purposes of fisheries. The year wise details of the Revenue records may be submitted along with photostat copies of the entries in the Revenue record.
Learned Standing Counsel is directed to serve the copy of this order to the District Magistrate, Muzaffar Nagar within a period of 10 days and the District Magistrate, Muzaffar Nagar is directed to give his report within another period of three weeks. The District Magistrate, Muzaffar Nagar may also inform that who is in possession of the land in dispute and whether the petitioners are still vested with the right to continue as a lessee.
List on 20.5.2013.
Order Date :- 15.4.2013
OP
