VIJAY BAHADUR Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard Mr. Om Narayan Dwivedi and Mr. Sunil Kumar Yadav, counsel for the petitioners, Mr. Raj Kumar, counsel for the respondent Nos. 7 and 8, learned Standing Counsel for the respondent Nos. 1 to 5 and Mr. Pradeep Singh, counsel for the respondent No. 6.

(2.) Brief facts of the case are that the petitioners had been allotted plot Nos. 231, 232, 233, 234 and 236 for the residential purpose on 20/2/2006. The name of the petitioners were entered in the revenue records after the allotment in question. The respondent Nos. 7 and 8 who were also allottees in the aforementioned allotment have filed an application dtd. 3/8/2013 under Sec. 122-C(6) of U.P.Z.A and L.R. Act for cancellation of the allotment/approval dtd. 20/2/2006 before District Magistrate, Bhadohi. The District Magistrate, Bhadohi vide order dtd. 7/9/2015 rejected the applications for cancellation of the allotment filed by respondent Nos. 7 and 8 holding that application has been filed with inordinate delay and also recorded finding that proceedings for allotment has taken place according to Act and Rules. Against the order dtd. 7/9/2015, respondent Nos. 7 and 8 preferred a revision before the Board of Revenue and the Board of Revenue by cryptic order dtd. 23/1/2017 allowed the revision without setting aside the findings recorded by the District Magistrate while passing the order dtd. 7/9/2015. Hence this petition.

(3.) Counsel for the petitioners submitted that application for cancellation of allotment has been filed by respondent Nos. 7 and 8 after 7 years which is inordinate delay.