Public utility land could only be held on an asami patta that was limited in point of time to a specified period of five years from the date it was granted.

JUDGMENT :

J.J. Munir, J.

Heard Sri Pradeep Kumar Rai, learned counsel for the petitioner, Sri Vishnu Kumar, learned Standing Counsel appearing on behalf of respondent Nos. 1 and 2 and Sri Rajesh Yadav, learned counsel appearing on behalf of respondent Nos. 3 and 4.

2. This writ petition has been filed challenging orders dated 18.07.2019 passed by the Board of Revenue at Allahabad in Revision No.726 of 2019, affirming an order dated 30.01.2019 passed by the Additional Collector (Finance & Revenue), Saharanpur in Case No.00345 of 2018 State Vs. Mahendra Singh and others under Section 128 of the U.P. Revenue Code. It appears that the petitioner was allotted land way back in the year 1983 through a resolution of the Land Management Committee dated 07.05.1983, that was approved by the Sub-Divisional Magistrate on 20.01.1984, on a asami patta over Khasra No.102M, admeasuring 0.615 hectares situate at village Saloni. The allotment of asami patta aforesaid was over land as above described, that is recorded as pasture land (Charagah). It is admittedly public utility land as defined under Section 132 of the U.P. Zamindari Abolition and Land Reforms Act (since repealed). The Collector, Saharanpur by his order dated 06.02.2018, appears to have taken suo moto proceedings under Section 128(1) of the U.P. Land Revenue Code,2006 to expunge entries made on public utility land in favour of the petitioner as an asami. It is not in dispute that the land in question is described in CH-Form 41 and CH-Form 45 as land of category 6(4), that is a charagah, which under the law is public utility land within the meaning of Section 132, last mentioned. The Additional Collector, Saharanpur before whom the case commenced on suo moto proceedings taken by the Collector, came up for determination on 30.01.2019. The Additional Collector, after hearing all parties including the petitioner held that the petitioner was allottee on the basis of an asami patta on public utility land, which in accordance with the Rule 176-A(1) of the Rules framed under the U.P. Zamindari Abolition and Land Reforms Rules, is self determinative and limited in time to a period of five years. He, accordingly, held that the land in question being public utility land wherein no rights in the nature of a Sirdar/Bhumidhar with non-transferable rights or further enlargement of those rights could be done, cannot continue in the petitioner's name. Accordingly, the petitioner's name was expunged from the revenue records vide order dated 30.01.2019.

3. Aggrieved, the petitioner filed a Revision to the Board of Revenue, under Section 210 of the U.P. Revenue Code. The Revision aforesaid was heard and dismissed vide judgment and order dated 18.07.2019.

4. Aggrieved, the present writ petition has been filed.

5. The Board of Revenue, while affirming the order of the Additional Collector also recorded a finding that there were other patta holders similarly circumstanced as the petitioner, who held land on an asami patta, with a limit in time of five years. He, therefore, ordered their rights to be expunged from the revenue records. These similarly circumstanced patta holders questioned the expunction of their rights from the revenue records before this Court through Civil Misc. Writ Petition No.59049 of 2016, Dharmendra and 10 Others Vs. State, where this Court vide judgment and order dated 10.01.2017, dismissed the writ petition holding that public utility land covered by Section 132 U.P. Zamindari Abolition and Land Reforms Act, could not be the subject matter of creation of rights under Section 122-B(4-F) of the U.P. Zamindari Abolition and Land Reforms Act. The Board have remarked that though the revisionist urged that he was not a party to that petition and, therefore, the decision would not bind him, but the fact remains that the rights of the petitioner are identical to those, regarding whom this Court has already pronounced vide judgment and order dated 10.01.2019 passed in Civil Misc.Writ Petition