PANKAJ BHATIA, J.

1. Heard Sri Kunwar J.P. Singh, learned counsel for the petitioners and Sri Arun Kumar Srivastava, learned counsel for the respondents.

2. The petitioners have filed the present petition challenging the order dated 25.2.2014 passed by the Additional Commissioner (Judicial) Moradabad Region, Moradabad in Revision No. 21/2012-13 (State of U.P vs. Land Management Committee and others) whereby the revision has been allowed and the order passed by the appellate authority has been set aside.

3. The facts giving rise to the present writ petition are as under:

4. It is stated that the Land Management Committee Village Bhajanpur, now Majra Ghat, Tehsil Shahbad, District Rampur had allotted land to the petitioners on 11.6.1997 and, in this regard, a resolution was also passed in the meeting of the Gram Sabha. The said allotment dated 11.6.1997 was confirmed by the Sub-Divisional Magistrate, Shahbad vide orders dated 10.1.1997 and 02.11.1997 and an entry was made in the khatauni/revenue records. In terms of the lease granted to the petitioners they are cultivating the land and are in possession thereof. After about 12 years i.e. on 12.1.2009 some villagers made a complaint alleging irregularities in the allotment of land on 11.6.1997 and sought that the land allotted to the petitioners be cancelled in exercise of powers conferred under Section 198 of the U.P. Z.A. & L.R. Act. The said complaint was rejected by the Sub-Divisional Magistrate, Shahbad and the allotment of the land in dispute was confirmed in favour of the actual allottees. The SDM while passing the order held that an application has been moved seeking the cancellation of the lease deeds on the ground that the allotments have not been done in accordance with law and thus the period of limitation would have no application, the SDM repelled the submissions and held that the applications were clearly barred by limitation.

5. Aggrieved against the confirmation by the Sub-Divisional Magistrate, the State preferred an appeal under Section 198(4) of the U.P. Z.A. & L.R. Act which was registered as Case No. 31 of 2008-09 (State vs. Musaida and others). The said appeal was heard by the Additional Collector, Rampur and vide order dated 27.1.2010 dismissed the appeal filed by the State mainly on the ground that the application for cancellation has been moved after 14-15 years of the allotment of the land which is barred by limitation and as such the same was dismissed as having been filed beyond the prescribed period of limitation vide order dated 27.1.2010, (Annexure-2 to the writ petition).

6. Aggrieved against the said order dated 27.1.2010 passed in appeal the State of U.P. preferred a revision before the Additional Commissioner (Judicial) Moradabad Region, Moradabad which was registered as Revision No. 21 of 2012-13 challenging the order dated 27.1.2010 mainly on the ground that the allotment of the lease in favour of the petitioners were not in accordance with law and lot of irregularities were done and as such it was prayed that the same were granted by playing a fraud and thus no limitation would come in the way and the Appellate Court had erred in dismissing the appeal on the ground of limitation. In revision, it was also stated that in the cases of lease which are not granted in accordance with law, no limitation is prescribed when suo motu cognizance is taken. The Revisional Court, vide the impugned order dated 25.2.2014, after hearing the parties, held that the Appellate Court had merely decided the appeal on technical grounds/limitation. He further held that the land in question belongs to Gram Sabha Majhara and without any agenda, publication or information and without preparing a list of eligible persons, the leases had been granted and the sanction was obtained by the Pargana Adhikari on 10.9.1997. It was also recorded that in some cases no prior sanction was taken under section 28-C of the Panchayat Raj Act and some of the allottees were not the r