RAKESH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ram Singh Yadav, learned counsel for the petitioners, Sri J.P.N. Raj, learned Additional Chief Standing Counsel appearing for the State-respondents and Sri Rohit Kumar Singh, learned counsel appearing for the respondent nos. 6 and 8.

(2.) The present petition has been filed seeking to raise a challenge to the order dtd. 27/9/2021 passed by the Member (Judicial), Board of Revenue, U.P. at Allahabad in Case No. RES/1417/2021 (Bal Chandra vs. Collector/District Magistrate and others), the order dtd. 1/5/2015 passed by the Member (Judicial), Board of Revenue U.P. at Prayagraj in Revision No. 23 of 2004-05 (Bal Chandra vs. Collector) as well as order dtd. 12/1/2005 passed by the Collector, Muzaffar Nagar.

(3.) The undisputed facts of the case as evident from the pleadings in the petition are that an allotment referable to the provisions under Sec. 195 of the U.P. Zamindari Abolition and Land Reforms Act, 1950[ UPZA and LR Act] was made in favour of the petitioners on a proposal dtd. 9/1/2004 which was approved by the Tehsildar, Kairana vide order dtd. 25/10/2004. Upon a complaint received with regard to the allotment and taking notice of the fact that as per terms of the amended provisions of the U.P. Act No. 27 of 2004 (w.e.f. 23/8/2004) the power to grant approval stood with the Assistant Collector incharge of the sub-division, the District Magistrate, Muzaffar Nagar passed an order dtd. 12/1/2005 wherein it was held that the approval granted by the Tehsildar was contrary to law and accordingly the said approval was cancelled and the land was directed to be vested in the Gaon Sabha.