LALA RAM Vs. COMMISSIONER AGRA

JUDGEMENT

(1.) Heard Sri S.C. Verma, learned Counsel on behalf of the Petitioner and learned Standing Counsel for Respondents. Though name of Sri V.K. Singh, Advocate, has been shown in the cause list, but none appeared on behalf of Respondents 3 and 4 despite the case having been called in the revised list.

(2.) Writ petition is directed against the order dated 22.5.1992 (annexure 1 to writ petition) whereby Collector/Addl. Collector, Mathura has cancelled lease of residential plot No. 233 having area of 150 sq. yard at village Rausera, Pergana," Chhata, District Mathura and order dated 5.1.1993 passed by Addl. Commissioner, Agra dismissing revision of Petitioner being not maintainable in view of decision in Ramyagya v. Addl. Commissioiner, Varanasi and Ors.,1991 RevDec 51 and Raj Kumarv. Ram Sajiwan, 1992 RevDec 89.

(3.) Sri Verma contended that there was a scheme propounded by State Government for allotment of Agricultural land to those who go for sterilization.Petitioner's wife went for sterilization and, therefore, under the order of Deputy Collector, land was allotted to him sometimes in the year 1987 and allotment not being under Section 122-C of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "1950 Act"), but in purported exercise of power under Rule 115-M of U.P. Zamindari Abolition and Land Reforms Rules, 1952 (hereinafter referred to as "1952 Rules"), and, therefore, the Collector erred in law in cancelling the same by exercising power under Section 122-C (6) and the revisional authority in rejecting the revision on the ground that the same is not maintainable has also erred.