AKBAR ALI AND ORS. Vs. COLLECTOR AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS writ petition is directed against order dated 23.09.1997 passed by Collector, Bijnor in Case No. 42, under Rule 115 -P of U.P.Z.A. & L.R. Rules, Chhotey Singh and Ors. v. Mohd. Hanif and Ors. Copy of the said judgment is contained in Annexure -VI to the writ petition. Through the said case, Chhotey Singh and Balbir Singh, Respondents No. 3 & 4 in this writ petition had challenged the allotment of land in favour of several persons including the three Petitioners made by Land Management Committee/Gaon Sabha in 1986. The allotment was made in favour of 18 persons. The land which was allotted was comprised in Plot No. 441, area 11 biswas and Plot No. 442, area 8 biswas. The main ground taken in the application for cancellation was that one Bhole was tenure -holder in possession of the land in dispute and after his death his adopted son Ram Prasad became its tenure -holder/bhoomidhar and the land in dispute did not vest in Gaon Sabha. In the alternative it was asserted that none of the 18 allottees deserved allotment as they were having their own houses and some of the houses were double storied also. It was also stated that allottees were doing business and they were not in the preferential category of the allottees. It was also stated that formalities like agenda, resolution etc. were not observed and the 18 allottees were relations of Pradhan.

(3.) IN the impugned order the Collector categorically found that it had been proved that through resolutions dated 10.05.1986 and 23.06.1986, Gaon Sabha had allotted the land to the opposite parties in the case before him, however it was not approved by S.D.O. Bijnor and No. file was prepared and the allotment was void for want of approval. It was also found that complainants could not prove that they were owners of the land in dispute and it was also held that they had No. right to file the case. It was also mentioned by the Collector that at the time of allotment property was not of Gaon Sabha, hence Gaon Sabha and Land Management Committee had No. right to allot the land and the land was entered in the name of Bhole and No. proceedings under Section 194 of U.P.Z.A. & L.R. Act had been taken. Accordingly, the cancellation application filed on 22.03.1990 was allowed.