Aasami leases under U.P. law are limited to five years and cannot be inherited post-expiration, thus the petitioner had no rights over the land after the lease expired.

JUDGMENT :

(Ashutosh Srivastava, J.)

1. Heard Sri Pankaj Kumar Gupta, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State Respondents and Sri Arun Kumar Pandey, learned counsel for the Respondent No. 3.

2. The instant writ petition has been filed questioning the orders dated 16.01.2009 passed by the Respondent No. 2, Sub Divisional Magistrate, Dhampur, Bijnor under Section 176 (A) of the U.P.Z.A. & L.R. Act, 1950 whereby and whereunder the name of the petitioner and his brothers Khalid Ahmad, Naeem Ahmad and mother Akhtari wife of Tasleem Ahmad as Aasami Patta holder (Category-3) over Plot No. 315 area 1.061 hectares lagan 109 contained in Khata No. 244 (1412 to 1417 Fasli) has been struck off and land has been restored as Gram Sabha land category 6 as also the order dated 31.05.2022 whereby and whereunder the land contained in the above mentioned Plot No. 15 has been allotted in favour of the Respondent Nos. 4, 5 & 6 and the allotment has also been approved.

3. It is the case of the petitioner that the Plot No. 576 area 3.13 hectare and Plot No. 624 area 1.52 hectare were leased out in favour of Tasleem Ahmad the father of the petitioner under the resolution of the Gram Sabha dated 25.12.1977 and the allotment was duly approved by the Sub Divisional Magistrate, Dhampur and the father of the petitioner was put in possession over the land allotted as is evident from ZA Form No. 58 dated 25.12.1977 filed as Annexure No. 3 to the writ petition. The dispute in the present writ petition is confined to Plot No. 576 area 3.13 hectares. During the subsistence of the lease the consolidation operations intervened in the village and the plot number allotted changed from 576 to 315. After close of the consolidation operations the name of the father of the petitioner namely Tasleem Ahmad was reflected in CH Form-45 as Bhumidhar of Plot No. 315. A Kishan Bahi bearing No. 420855 was issued by the Tehsildar Nagina, Bijnor on the basis of the entry in CH Form-45. The father of the petitioner Tasleem Ahmad, the original allottee expired and consequent to his death the names of the petitioner, his brothers and mother were recorded over the Plot No. 315 under PA-11. The petitioner is stated to be in possession over the plot and performing agricultural operations thereon since then.

4. This Court vide order dated 22.04.2024 after recording the submissions made by learned counsel for the petitioner as also the learned Additional Chief Standing Counsel appearing for the State Respondents and also noting that the core question to test the validity of the impugned order would be to ascertain the nature of the land in dispute, whether it was covered by Section 132 of the U.P.Z.A. & L.R. Act, as stated in the impugned order, at the time of allotment of lease in question or otherwise, as the records filed along with the writ petition did not clarify the said position, had required the learned Additional Chief Standing Counsel to obtain specific instructions in this regard and appraise the Court as to the exact nature of the land allotted to the father of the petitioner way back in the year 1977.

5. Pursuant to the order aforesaid, instructions have been received which are taken on record.

6. Sri Abhishek Shukla, learned Additional Chief Standing Counsel on the basis of the instructions submits that the plot in question i.e. Plot No. 315 area 1.061 hectare was recorded as 'Banjar' Category-5' in 1359 F and was Gram Sabha Property. An Asami Patta (Category-3) was executed in favour of Sri Tasleem Ahmad late father of the petitioner Sakeel Ahmad. At the relevant time the land was recorded as 'Banjar' Category-5' and since period of lease had not expired the name of Tasleem Ahmad was recorded over the land. Tasleem Ahmad expired on 04.10.2006 and the name of the petitioner and other heirs of Tasleem Ahmad came to be recorded over the land on the basis of PA-11 entry.

7. Learned counsel for the petit