HINCH LAL TIWARI Vs. KAMALA DEVI

JUDGEMENT

(1.) Leave is granted.

(2.) This appeal is from the judgment and order of the High Court of Judicature at Allahabad allowing in part Civil Misc. Writ Petition No.26572 011999, filed by respondents 1 to 10, on August 16, 2000.

(3.) The dispute relates to plot No. 774- KA measuring 15 biswas situated in village Ugapur, Taluka Asnao, District Sant Ravidas Nagar (U.P.) (hereinafter referred to as pond). It appears that proceeding was initiated by Lekhpal of the village to allot plots of land to an extent of 15 biswas of the pond area on August 11, 1988. The S.D.O. allotted 250 sq. yards to each of respondents 1 to 10 who are said to belong to one family. Seventeen persons of that village objected to the said allotment under Rule 115-P of the U. P. Zamindari Abolition and Land Reforms Rules (for short, 'the Rules'). The Additional Collector called for a report from the Tehsildar on their objections but the matter seems to have rested there as the objectors withdrew their objections. At that stage the appellant filed an application praying the Additional Collector to cancel the allotment of land in favour of respondents 1 to 10. On February 25, 1999 the Additional Collector cancelled the allotment in question made in their favour. They carried the matter unsuccessfully in revision before the Commissioner who by order dated March 12, 1999 dismissed the revision. Challenging the correctness of the order of the Divisional Commissioner the said respondents filed Writ Petition No.26572 of 1999 in the High Court of Judicature at Allahabad. By the impugned order the High Court partly allowed the Writ Petition by confirming the allotment in respect of 10 biswas and cancelling in respect of 5 biswas, which led to filing of this appeal.