HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33211 of 2025 Court No. - 33 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Petitioners, before this Court, were granted plantation lease on 05.02.1987 for a period of 30 years. Physical possession was handed over on 21.08.1987. Period of 30 years came an end in the year 2017. Petitioner had continued over the land in question on the ground that his name was recorded in CH Form 45. Proceeding under Section 38(2) of U.P. Revenue Code, 2006 was initiated in which name of petitioner was expunged. In the meantime, petitioner had filed Original Suit No. 154 of 2018 before Additional Civil Judge (Junior Division), Court No. 10, Bulandshahar in which an application 34C2 under Section 151 CPC was moved in which an interim order was passed on 30.07.2022 directing the parties to maintain status quo over the property in dispute. Against the order passed under Section 38(2) of U.P. Revenue Code, 2006, petitioner had preferred an appeal under Section 38(4) of U.P. Revenue Code, 2006 which has been dismissed by order impugned. 2. Learned counsel for the petitioner submits that during pendency of civil suit, an interim order being in operation, name of petitioner could not have been expunged from the revenue records. He has relied upon earlier proceeding in which the Sub Divisional Officer had found petitioner to be in possession and his name having been recorded in CH Form 45. 3. Learned counsel for the State has vehemently opposed the writ petition and submitted that it is a public utility land and the same cannot be settled with petitioner and he cannot become bhumidhar with transferable rights over the said land. Moreover, the lease was granted for a period of 30 Versus Counsel for Petitioner(s) : Kuldeep Kumar Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Kewal And 5 Others .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) years which came to an end in the year 2017 and petitioner could not continue over the same. The authorities have rightly expunged his name from revenue records. 4. I have heard learned counsel for the parties and perused the material on record. 5. From perusal of the records, it is clear that lease in question for plantation was granted on 05.02.1987 which is not disputed to either of the parties. The term of lease came to an end in the year 2017. The land in question is defined under Section 132 of U.P. Z.A. and L.R. Act, 1950 being a public utility land over which no bhumidhar rights shall accrue. The civil court had wrongly entertained Civil Suit No. 154 of 2018 and had granted status quo order way back in the year 2022. The civil court fell into error while considering the provisions of Section 122-B of the Act of 1950 for granting the benefit to petitioner overlooking the provisions of Section 132 as the land enumerated therein could not have been settled with petitioner and no bhumidhar rights could be granted. Moreover, the lease was granted for plantation for only 30 years which came to an end in the year 2017. The civil court could not have entertained the civil suit as the lease had already come to an end in the year 2017 and the suit was filed in the year 2018 and application 34C2 was allowed in the year 2022. 6. This Court records displeasure with the way civil proceedings have been initiated before the court of Additional Civil Judge (Junior Division), Bulandshahar who has entertained the suit which was not maintainable and had granted the interim protection to petitioner. 7. Considering the fact and circumstances of the case, I find that no interference is required in the order impugned. 8. Writ petition fails and is hereby dismissed. 9. Further, Original Suit No. 154 of 2018 filed by petitioner stands dismissed and interim order granted on 30.07.2022 stands vacated forthwith. WRIC No. 33211 of 2025 2 10. Registrar (Compliance) shall communicate the copy of this order to District Judge, Bulandshahar who shall get the same placed on records of Original Suit No. 154 of 2018. October 6, 2025 V.S.Singh WRIC No. 33211 of 2025 3 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad