Hon’ble Sudhanshu Dhulia, J. (Oral)

1. Heard learned counsel for the applicant on the Delay Condonation application.

2. This case was dismissed for non prosecution on 31.03.2014. Now, a belated application for recalling the order has been moved by the applicant/petitioner with a prayer to restore the matter to its original number. On the ground urged in the delay condonation application as well as in the interest of justice the delay condonation application is allowed.

3. Also heard on the restoration application. In the interest of justice, the order dated 31.03.2014 is hereby recalled and the writ petition is restored to its original number.

4. Heard Mr. C.K. Sharma, learned counsel for the petitioner, Mr. B.S. Negi, learned Deputy Advocate General for the State and Mr. Arvind Vashisth, learned Senior Advocate for respondent No. 4 and perused the record.

5. The present writ petition has been filed by the petitioner i.e. M/s Rai Bahadur Narain Singh Sugar Mills Ltd. as it is aggrieved by orders passed by the Board of Revenue, Lucknow, upholding the validity of an order dated 21.08.1990 passed by the Assistant Collector (Sub-Divisional Magistrate of Sub-Division called Laksar, which is now in District Haridwar, Uttarakhand). The net result of the two orders i.e. 21.08.1990 and 25.05.2000 passed by the Sub-Divisional Officer/Magistrate and Board of Revenue, Lucknow respectively would be that the land recorded as Abadi land in the name of petitioner i.e. M/s Rai Bahadur Narain Singh Sugar Mills Ltd., by order dated 10.08.1959 would now to be recorded as Banjar* in revenue records and reverted to its original status.

6. It so happens that on 10.08.1959, the Additional Sub-Divisional Magistrate, Laksar passed an order by which certain plots of land, which were admittedly at the relevant time entered in the revenue records as “Banjar” by “correction of entries” entered as “Abadi land” and thereafter it was said that this being an Abadi land where Rai Bahadur Narain Singh Sugar Mills Ltd. is in possession. The aforesaid provisions were exercised by the concerned revenue authority under Section 33 read with Section 39 of U.P. Land Revenue Act (hereinafter referred to as “Act”). Section 33 of the Act reads as under:-

“33. The annual registers.- (1) The Collector shall maintain the record-of-rights, and for that purpose shall annually, or at such longer intervals as the (State Government) may prescribe, cause to be prepared an amended (register mentioned in Section 32.)

The (register) so prepared shall be called the annual register.

(2) The Collector shall cause to be recorded in the annual register.

(a) all successions and transfers in accordance with the provisions of Section 35; or

(b) other changes that may take place in respect of any land; and shall also correct all errors and omissions in accordance with the provisions of Section 39:

Provided that the power to record a change under clause (b) shall not be construed to include the power to decide a dispute involving any question of title.)

(3) (No such change or transaction shall be recorded without the order of the Collector or as hereinafter provided, of the Tahsildar or (the Kanungo).)

(4) The Collector shall cause to be prepared and supplied to every person recorded as bhumidhar, whether with or without transferable rights, assami or Government Lessee a Kisan Bahi (Pass book) which shall contain- Government lessee a Kisan Bahi (Pass book) which shall contain:-

(a) such extract from the annual register prepared under sub-section (1) relating to all holdings of which he is so recorded (either solely or jointly with others);

(b) details of grants sanctioned to him; and

(c) such other particulars as may be prescribed:

Provided that in case of joint holdings it shall be sufficient for the purpose of this sub-section of Kisan Bahi (Pass book) is supplied to such one or more of the recorded co-sharers as may be prescribed.

(4-A) The Kisan Ba