Ram Surat Ram (Maurya), J.: -

Heard Sri N.L. Srivastava for the petitioner.

2. The writ petition has been filed against the order of Naib Tehsildar dated 26.4.2007 and the order of Additional Commissioner dated 31.8.2007 arising out of proceedings under Section 34 of UP Land Revenue Act (hereinafter referred to as the Act).

3. The dispute is related to land of plot No. 185 (area 0.1830 hectare) of village Utraw, pargana Mah, district Allahabad. The land in dispute was recorded as Talab in the revenue record. The petitioner filed an application (registered as Case No. 391 of 2007) under Section 34 of the Act for recording his name over the land in dispute. It has been stated in the application that the petitioner is running Madarsa over the land in dispute since 1921 with the permission of then Zamindar and is continuing in possession over it. The petitioner also filed a Civil Suit (registered as OS No. 788 of 1992) for permanent injunction, restraining State of UP, Gaon Sabha, Abdul Vahid and Moh. Yahiya from interfering in the possession of the petitioner over the land in dispute and filling up the tank. The suit was dismissed by trial court by the order dated 31.5.2005. Th