JAIRAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing for the respondents.

(2.) This writ petition arises out of proceedings for cancellation of lease initiated against the petitioner on the complaint of respondent no.4 Girwar under Section 198(4) of U.P.Z.A. & L.R. Act. The application was filed on 5.8.1985 seeking cancellation of patta granted by L.M.C. In 1975-76 in favour of petitioner of plot no.1611 area 1.64 acre. Report of the Land Revenue inspector was called for who submitted the report on 7.10.1985, copy of which is Annexure 3 to the writ petition stating that petitioner was resident of Madhya Pradesh, however, for five years he was residing in the village in question and was also voter from there. It means that the petitioner started residing in the village in question since the end of 1980. It was also mentioned in the report that the resolution was to allot four acre land of plot no.1916, however, in the patta the plot numbers and areas shown were 1611 area 1.64, 1612 area 2.33, 1615 area 0.62 total area 4.59 acre. It was recommended that the patta should be cancelled. Thereafter, Additional Collector Jhansi dismissed the application for cancellation of patta on the ground of being barred by time through order dated 30.6.1986, copy of which is Annexure 5 to the writ petition. In the said order it is mentioned that as on the file statement of lekhpal was not available hence lekhpal was summoned and examined who stated that firstly on 28.2.1975 patta of plot no.1916 area 4 acre was granted to the petitioner and thereafter on 31.1.1976 (or 30.6.1976) patta of plot no.1612 area 2.33 , 1611 area 1.61, and 1615 area 0.15 acre was made (in the report of Revenue Inspector the area of plot no.1615 is mentioned as 0.62 acre). The Additional Collector held that the cancellation application should have been filed before 10.11.1982 hence it was barred by time.

(3.) Thereafter, review petition was filed by respondent no.4 on 31.5.2005 which was registered as Review application no.10 of 2005-06 along with delay condonation application. Collector Jhansi through order dated 6.7.2006 allowed the review petition, set aside the earlier order dated 30.6.1986 and restored the patta cancellation application on its number for deciding the same on merit again. Against the said order petitioner filed revision no.42 of 2005-06 which was dismissed by Commissioner Jhansi, Division Jhansi on 19.7.2007 hence this writ petition.