FATIMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel.

(2.) THE petitioner's lease has been annulled on the ground that the petitioner does not fall within the preferential category and that the allotment is illegal and is against the provisions of law.

(3.) NOT only this, Clause-2 of the Explanation also indicates that the claimant should be an agricultural labourer. There is nothing on record to indicate that the petitioner has ever worked as an agricultural labourer. In the absence of any such pleading or proof, the petitioner cannot be treated to be an agricultural labourer. The petitioner therefore does not fulfil the eligibility criteria. The finding recorded, even if it is in violation of principles of natural justice, cannot bring about another result if fresh opportunity is given to the petitioner. In the absence of any such material, the petitioner cannot prove things otherwise.