Hon’ble Siddhartha Varma, J.—After the petitioners were allotted Pattas on 7.9.1975 and their names were recorded on 12.10.1975 in the revenue records and when almost after ten years, on the applications of the Pradhan, their names were deleted on 31.1.1987, they filed a revision, which was dismissed on 22.10.1988 by the Additional Commissioner (Judicial), Gorakhpur Mandal. Aggrieved thereof they filed a Revision before the Board of Revenue at Lucknow which again dismissed the same on 5.9.1990. The review petition was also dismissed on 19.4.2000. Hence this writ petition.

2. Learned counsel for the petitioners essentially submitted :

(I) Under Section 33/39 of the U.P. Land Revenue Act, 1901 the Tehsildar had no jurisdiction to delete the names of the petitioners from the revenue records after holding that the pattas on the basis of which the petitioners were entered were Farzi and that too without affording any opportunity of hearing to the petitioners.

(II) There is a whole procedure prescribed for the cancellation of a patta under the U.P.Z.A. & L.R. Act, 1950 and that till it is valid no Authority could declare a patta Farzi or invalid under Section 33/39 of the U.P. La