KAMAL Vs. GAJRAJ

JUDGEMENT

(1.) The instant appeals are directed against the judgment dtd. 12/8/2010 followed with the Order dismissing the review petition dtd. 12/10/2011.

(2.) The brief facts of the case which manifest from the record are that the present appellants are the applicants to whom land was allotted after going through the procedure prescribed under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950(hereinafter being referred to as "the Act") on the recommendations made by the Land Management Committee of Village Phaleda in its meeting held on 20/7/1996. The allotment was finally confirmed by the Sub-­Divisional Magistrate, Khurja vide its acceptance dtd. 6/4/1997 which came to be affirmed on the dismissal of a revision petition filed at the instance of one of the complainants, who although had no locus standi and was not an allottee by the Additional Commissioner, Meerut Division, Meerut in exercise of power under Sec. 333 of the Act by order dtd. 31/3/2008.

(3.) That order of the Additional Commissioner, Meerut Division, Meerut came to be set aside by the High Court on a writ petition filed by a stranger to the proceedings, Gajraj, who was the original complainant, questioning the allotment made to the appellants on the premise that under Rule 176(4) of the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952(hereinafter being referred to as "the Rules"), the decision was to be taken by the competent authority on the recommendations made by the Land Management Committee within one week of its receipt from the Chairman and eight months had been consumed by the authority for granting final approval which was in violation of Rule 176(4) of the Rules.