Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.

JUDGMENT

Hon'ble Chandra Kumar Rai,J.

1. Heard Mr. Arvind Srivastava, learned counsel for the petitioners, Mr. Abhishek Kumar Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi, learned counsel for the Gram Sabha.

2. Brief facts of the case are that dispute relates to the plot No.474 area . 0490 hectare (490 square meter) situated at Mauja-Lohta, Pargana-Dehat Amanat, Tehsil-Sadar, District-Varanasi. Petitioner Nos.1 to 5 and their ancestors were in possession of aforementioned plot No.474 area .0490 hectare for more than 70 years. According to the petitioners, they had constructed their houses over the part of the area of the aforementioned plot and in respect to the remaining area of the aforementioned plot petitioners are using the same for poultry and for keeping their animal live stock. Copy of the khatauni with effect from 1356 fasli to 1425 fasli are annexed along with the writ petition as Annexure No.1 in order to demonstrate that petitioners are recorded over the plot in question since before the date of vesting. Petitioners belong to Scheduled Caste community and they were land less agricultural labourers as well as they are in possession over the same much prior to the relevant date for getting benefit of Section 122B(4-F) of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as "U.P.Z.A.& L.R. Act). There was discrepancies in the revenue entry of the plot in question accordingly, suit under Section 144 of U.P. Revenue Code, 2006 was filed on behalf of petitioners for declaration that petitioners should be recorded as bhumidhar with transferable rights of plot No.474. The aforementioned suit was registered as suit No.743/ 2017. State of U.P. has filed his objection in the aforementioned suit. A report was called for from the Tehsildar in the aforementioned suit about the status of possession of the petitioners in respect to the plot No.474 area .0490 hectare, accordingly, report dated 05.05.2018 was submitted by Tehsildar stating that petitioners and their ancestors have been found in actual possession of plot No.474 in the year 1963 (1370 fasli). In the aforementioned report, it is also mentioned that petitioners have constructed their residential houses over the aforementioned plot and using the some area of the plot for keeping their animal live stock. It is also mentioned in the aforementioned report that petitioners belong to Scheduled caste community and were landless agricultural labourers. Trial court/ Assistant Collector vide judgment and decree dated 25.02.2019 dismissed the plaintiff suit only on the ground that name of petitioners were recorded under the category-4 and therefore, petitioners are not entitled to be recorded as bhumidhar with transferable rights over the plot No.474 area .0490 hectare. Against the judgment and decree of the trial court dated 25.02.2019, appeal was filed by petitioners before Commissioner Varanasi Division, Varanasi, which was registered as appeal No.00329/19 under Section 207 of U.P. Land Revenue Code, 2006. The aforementioned appeal was dismissed vide judgment dated 30.12.2019. Against the judgment dated 30.12.2019 second appeal under Section 208 of U.P. Revenue Code, 2006 was filed by the petitioners along with the prayer for condonation of delay. The aforementioned second appeal was registered as case No. SA/1335/2020. The Board of Revenue vide order dated 14.10.2020 dismissed the aforementioned second appeal hence this writ petition for the following relief:

"(i) a writ, order or direction in the nature of cer