RAM DAS Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD Mr. N.S. Negi and Mr. Narendra Bali, learned counsel for the petitioners, Mr. R.C. Arya, learned Brief Holder for the respondent nos. 1, 2, 3 and 119, Mr. Dinesh Chauhan, learned counsel for the respondents no. 5 to 118 and Mr. Lok Pal Singh, learned counsel for the respondent no. 4.

(2.) PRESENT writ petition has been filed by the petitioner assailing the order dated 30.09.1993 passed by Additional Collector, order dated 01.06.1994 passed by Additional Commissioner (Judicial), Meerut Division, Meerut and order dated 13.06.1996 passed by Board of Revenue, Uttar Pradesh by which all the authorities have cancelled the resolution of the Gaon Sabha/Land Management Committee dated 16.02.1990 whereby proposal was made to make allotments/grant pattas to the petitioners.

(3.) BRIEF facts of the present case are that father of respondent no. 4 made complaint to the Additional Collector, Haridwar saying that over the Khasra No. 5 measuring 1 Bigha 15 Biswas and Khasra No. 86 measuring 4 Biswas he is in continuous possession and proposed allotment dated 16.02.1990 pertaining to Khasra No. 5 and 86 is illegal, void, ab initio and is in violation of Rules 173 to 176A of U.P. Zamindari Abolition and Land Reforms Rules, 1952. Learned Additional Collector vide impugned order dated 30.09.1993 quashed the resolution dated 16.02.1990 by observing that proposal was not made in favour of eligible persons. Not only this some of the prospective allottees were minor and no sanction/approval was ever sought from the Collector. It was further observed that proposed allotments in favour of Paltoo, father of Up -Pradhan and Subhash minor son of Up -Pradhan Palla was ipso facto illegal.