The court upheld the validity of the agricultural lease granted to the respondent, finding that the petitioner failed to establish prior possession or entitlement under Section 122-B (4F) of the U.P.Z.A. and L.R. Act.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Smt. Sushma Devi, learned counsel for the petitioner, Smt. Saraswati Rai, learned counsel for respondent no.4, learned Standing Counsel for the State respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Gaon Sabha.

2. Brief facts of the case are that dispute relates to plot No. 423 area 0.066 air situated in Village Baijapur, Pargana Mohammadabad, Tehsil -Sadar, District Mau. Petitioner claimed that he is in possession of the plot in question since before 30.6.1975 being landless agricultural labourer belonging to Scheduled Caste community, as such, is entitled to the benefit of Section 122-B (4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred to as U.P.Z.A. and L.R. Act. The Lekhpal of the area submitted his report on 26.2.1994 to the effect that lease of the plot in question has been granted in favour of respondent no.4-Katawaru on 7.8.1994 which was also approved by the authorities on 4.7.1995. Petitioner accordingly applied for cancellation of the lease executed in favour of respondent no.4. Additional Collector Mau vide order dated 17.10.2006 cancelled the lease executed in favour of respondent no.4. Respondent no.4/ Katawaru filed a revision before Commissioner which was registered as revision No. 167/M under Section 333 of U.P.Z.A. and L.R. Act. The aforementioned revision was heard and allowed by Additional Commissioner (Administration) Azamgarh Division Azamgarh vide order dated 20.9.2012 setting aside the order dated 17.10.2006 and affirmed the allotment dated 4.7.1995 made in favour of respondent no.4- Katwaru. Petitioner challenged the order dated 20.9.2012 before the Board of Revenue which was initially entertained but after hearing the learned counsel for the parties, the revision filed by petitioner was dismissed vide order dated 31.3.2014. Hence this writ petition filed for the following reliefs:-

"(i) To Issue a writ in the nature and direction of certiorari to quash the impugned order dated 31.3.2014 and 20.9.2012 passed by O.P. No. 1 and 2 (Annexure Nos. 3 and 80 respectively.

(ii) To pass any other and further suitable order as this Court deems fit and proper in the circumstances of the present case and to secure the ends of justice."

3. This Court entertained the matter on 8.9.2014 and granted interim protection.

4. In pursuance of the order dated 8.9.2014, parties have exchanged their affidavit.

5. Counsel for the petitioner submitted that petitioner belong to Schedule Caste community and are landless agricultural labourer, as such, Naib Tehsildar submitted his report dated 11.12.1995 which was approved by Sub Divisional Magistrate vide order dated 18.2.1996 for grant of benefit to the petitioner -Murali as provided under Section 122-B (4F) of the U.P.Z.A. and L.R. Act. She submitted that initially, petitioner- Murali and after his death substituted petitioners are in possession of the disputed plot No. 423, as such, the agriculture lease executed in favour of respondent no.4- Katwaru was rightly cancelled by the Additional Collector. She submitted that order of the Additional Collector cancelling the agriculture lease of respondent no.4 has been set aside in arbitrary manner by the Additional Commissioner. She submitted that the plot in question was not vacant on the date of execution of agriculture lease, as such, there was no occasion to grant lease in favour of respondent no.4. She further submitted that revision filed by petitioner before the Board of Revenue has been dismissed without considering the case as set up in revision. She further placed reliance upon the judgment of Hon'ble Apex Court reported in 2003 (5) Supreme Court Cases 521 Manorey alias Manohar Vs. Board of Revenue, U.P. and Others as well as judgement of this Court reported in 2012 (117) RD 19 Phool Das Vs. Additional Collector (F &R) Saharanpur and Others in order to demonstrate that person of Scheduled Caste community will be entitled to