Ran Vijai Singh,J. Heard Sri Shailendra Singh,learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Arun Kumar Srivastava,learned counsel for the Gaon Sabha. 2. The submission of learned counsel for the petitioner is that the Plot No. 78M measuring about 0.253 hectare was allotted to the petitioner on lease and for cancellation of the said lease, a proceeding was initiated under Sub-Section 4 of Section 198 of U.P.Zamindari Abolition and Land Reforms Act, 1950, which was numbered as Case No. 125 before the Additional Collector, Bijnor. The application for cancellation was rejected on 8.3.1978. Thereafter, name of the petitioner's father was recorded. After his death, petitioner's name was recorded but the same was abruptly expunged by the Tehsildar Dhampur vide order dated 18.1.2009 in a proceeding under Section 33/39 of U.P.Land Revenue Act, 1901 ( in short ' the Act') without there being any opportunity or notice to the petitioner. The petitoner has filed revision that has been dismissed as barred by time. The contention is that once the application for cancellation of lease was rejected, the entries in the revenue record in favour of the petitioner could not be expunged under Section 33/39 of the Act. So far as time barred revision is concerned, learned counsel for the petitioner contends that since the order dated 18.1.2009 was an exparte order and when the petitioner came to know about the same, he has filed revision and there was no fault of the petitioner. In the submission of learned counsel for the petitioner, on the basis of the impugned order, the respondents are trying to dispossess the petitioner from the land in dispute and in case the petitioner is dispossessed, he would suffer irreparable loss and injury. 3. Matter requires scrutiny. 4. Issue notice. 5. Notices on behalf of respondents no. 1, 2 and 4 have been accepted by the office of learned Chief Standing Counsel whereas Sri Arun Kumar Srivastava has put in appearance on behalf of respondent no. 3, therefore notice need not be served again to respondents no. 1 to 4. 6. Learned counsel for the respondents are granted six weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 7. List thereafter. 8. 3, therefore notice need not be served again to respondents no. 1 to 4. 6. Learned counsel for the respondents are granted six weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 7. List thereafter. 8. As an interim measure without prejudice to the right and contention of the parties, subject to further order passed by this Court, in case the petitioner has yet not been evicted from the land in dispute, he will not be evicted provided :- (i) The petitioner deposits Rs.1000/- within a period of two months from today before the Tehsildar, Tehsil Dhampur, District Bijnor. (ii) The above amount shall be deposited every year in the same month in which the first deposit is made. (iii) The condition of deposit will not apply in case the State Government declares the area under drought or flood. (iv) The amount so deposited shall be kept in a separate account. (v) In case the writ petition is allowed, the amount so deposited shall be returned to the petitioner with interest and in case the writ petition is dismissed, the amount so deposited shall go to the Gaon Sabha. (vi) In case of default of any of the conditions, the interim protection granted today shall stand vacated. (vii) In the meantime, neither any third party right shall be created nor the land shall be used for other than agricultural purpose. ________________