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Shyam Lal And Another v. Board Of Revenue And Others - WRIT - B No. 37528 of 2007  RD-AH 14004 (14 August 2007)
Civil Misc. Writ Petition No. 37528 of 2007
Shyam Lal and another ............ Petitioners
Board of Revenue, U.P., Allahabad and others ............. Respondents
Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Respondent nos. 4 to 6 were given benefit of Section 122-B(4-F) of U.P.Z.A. & L.R. Act (for short 'the Act') and declared 'bhumidhar' with non transferable rights vide order dated 22.5.2003 passed by the Sub Divisional Officer. Petitioners filed an application under Section 198(4) of the Act challenging the order dated 22.5.2003 by which the benefit of Section 122B(4-F) was extended to the respondents. Respondent no.2 vide order dated 23.1.2006 dismissed the application on the ground that order passed under Section 122B(4-F) of the Act were not open to challenge in proceedings under Section 198(4) of the Act as the same relates to cancellation of patta. He however, remanded the case back to the Sub Divisional Officer, Tehsil Baheri, district Bareilly who had passed the order to re-examine the matter with regard to benefit of Section 122B(4-F) to the contesting respondents. Aggrieved, the petitioners filed a revision which has also been dismissed vide order dated 21.5.2007 by the Board of Revenue. There can be no manner of doubt that the proceedings under Section 198(4) can be initiated for cancellation of lease/patta made by Gaon Sabha and orders passed under Section 122B(4-F) are not liable to be challenged in the said proceedings. Thus there appears to be no illegality in the impugned orders.
In so far as the claim of the petitioners over the land in dispute is concerned, since the matter has been remanded back to respondent no.3 to reconsider the claim of the contesting respondents under Section 122B(4-F) of the Act it shall be open to the petitioners to raise all such objections in that regard before the authority concerned who shall consider and decide the claim of the parties in accordance with law.
Subject to aforesaid directions, the writ petition stands dismissed in limine.
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