RAM PREET Vs. ADDITIONAL COMMISSIONER GORAKHPUR DIVISION

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned standing counsel for the respondents. The dispute relates to plot No. 104 area 0.16 acre and plot No. 910 area 0.10 acre (total area 0.26 acre = 1260 sq. yard). Initially these plots were entered as banjar and navin parti. Petitioner claims that he was having his house over the plots in dispute since long. Accordingly on the basis of favourable reports given by Lekhpal on 12.7.1992 and Supervisor Kanoongo on 3.8.1992, Sub Divisional Officer passed an order on 3.8.1992 in favour of the Petitioner under Section 123 (1) of U.P. Zamindari Abolition and Land Reforms Act as it stood aft the relevant date which is quoted below:

(2.) The favourable reports and order of S.D.O. dated 12.7.1992 and 3.8.1992 are Annexure-3 to the writ petition which is not easily legible.

(3.) Thereafter Gram Pradhan initiated proceedings for cancellation of the above order under Rule 115(P) of U.P.Z.A&L.R. Rules. The matter was registered as Case No. 50 Gram Pradhan v. Ram Preet and was decided against the Petitioner through order dated 15.7.1998 passed by District Magistrate, Maharajganj. The Collector, Maharajganj through order dated 15.7.1998 allowed the case and cancelled the allotment. Rule 115(P) of the U.P.Z.A.&L.R. Rules is quoted below: