PARAS NATH YADAV Vs. COMMISSIONER AZAMGARH

JUDGEMENT

(1.) Both the aforementioned writ petition involving identical questions of law and facts have been heard together and are being decided by a common judgment treating WRIT - C No. -57 of 2001 as leading case. The petitioner was allotted a patta of the plot No. 469-Ka measuring 90 decimal, 469-Ka measuring 90 decimal and 479-Ka measuring.007 decimal situated in village Malpur Lohrai in the year 1988. An approval was granted by the Sub-Divisional Officer and possession of the property was handed over to the petitioner. The allotment was made in favour of the petitioner under the category of having undergone family planning. An application was moved by respondent No. 4 seeking cancellation of allotment on the ground that the order of allotment has been passed in violation of Section 198A(1) of the U.P. Z.A. & L.R. Act (in short as the Act).

(2.) On this being brought to the notice of the Additional Commissioner, a report from the concerned agency was obtained. The objections were filed by the petitioner to the said report on 30.12.1996. It also appears that the opportunity was given to the petitioner for leading his evidence but he could not present on the date when the case was fixed. On his failure to appear, the order impugned was passed on 31.3.1998, canceling patta granted in his favour.

(3.) An application for recalling of the order was filed on the ground that it was an ex parte order. After hearing the parties, a detailed order was passed by the Collector holding that the proceedings were not ex parte. A revision preferred against the aforesaid order also stands dismissed. Under these circumstances, the present petitions have been filed.