KRISHNA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Madhup Narain Shukla, counsel for the petitioner, Shri Azad Rai and Shri Siddharth Saran, counsel for the respondents.

(2.) The present writ petition has been filed against the order dated 20.11.2017 passed by the Collector, Sant Kabir Nagar in Case No. D 201717650483 registered at the instance of the petitioner under Section 128 of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as Code, 2006) for cancelling the allotment of Plot No. 64 M (0.0126 Hec.) made in favour of respondent nos. 5 and 6 as well as against the order dated 24.10.2019 passed by the Commissioner, Basti Division, Basti rejecting the Revision (Case No.851 of 2017 Computerized Case No.C20171700851) registered under Section 210 of Code, 2006 against the order dated dated 20.11.2017.

(3.) The petitioner had instituted Case No. D 201717650483 before the Collector, Sant Kabir Nagar alleging that the allotment made in favour of the respondents was made without any resolution by the Land Management Committee and without any public proclamation and was, therefore, not in accordance with law because the procedure as prescribed under the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as Act, 1950) and the Rules made thereunder had not been followed. It was further contended by the petitioner that he and certain other villagers had planted their trees on the said plot which were still there and the petitioner and the said villagers were in possession of the plot and thus the plot was not vacant and, therefore, could not have been allotted under Section 195 of the Act, 1950.