SURAJ BHAN Vs. ADDL COMMISSIONER SAHARANPUR DIVISION

JUDGEMENT

(1.) Heard Sri K.R. Sirohi, learned Senior Counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 and 2 and the learned counsel for the respondent no. 3-Gaon Sabha.

(2.) The petitioner claims allotment over part of plot no. 230 of village Dokpura. The said allotment along with other allotments became subject matter of scrutiny of a complaint filed by the then Gaon Sabha in the year 1993. The said allotment proceedings were scrutinized under Section 198(4) of the U.P. Zamindari Abolition & Land Reforms Act, 1950 and vide order dated 12th June, 1996, the allotments were upheld including the allotment of the petitioner. Needless to mention that this writ petition is confined only to the allotment in favour of the petitioner and not in relation to any other allotment made under the said order.

(3.) A perusal of the said order dated 12th June, 1996 demonstrates that the very same plot number and the very same nature of objection has been raised praying for cancellation, whereupon a finding came to be recorded that the conversion of the land was permitted even prior to the allotment, vide order dated 15.12.1985, by the Sub-Divisional Magistrate and thereafter the allotment was made to the petitioner on 20.12.1986. It was found that the allotment was valid and accordingly the complaint for cancellation of the allotment was rejected.