RAM SWARUP Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS writ petition arises out of proceedings for cancellation of lease in favour of the petitioner on the ground that the petitioner did not plant requisite number of trees over the disputed land and the disputed land was not let out to the petitioner in accordance with law.

(2.) IT appears that an application was moved by one Sohan Lai making complaint against the petitioner. The Sub-Divisional Officer had taken action against the petitioner and cancelled the lease under the provisions of Sec. 198 (2) of the U. P. Zamindari Abolition and Land Reforms Act (See Annexure "A-1" attached with the writ petition). Thereafter, the petitioner preferred an appeal which was also dismissed by the appellate court through its judgment dated 18-8-1970. Thereafter the petitioner preferred a revision petition which has also been dismissed by the revisional court through its order dated 31-7-1974. Aggrieved by the judgments of the revenue courts the petitioner has approached this Court under Article 226 of the Constitution.

(3.) THE learned counsel for the Gaon Sabha has submitted in reply that the lease was granted to the petitioner under the relevant sections of the UP ZA & LR Act. According to him the right conferred upon the petitioner was that of an Asami, hence the lease was under the provisions of Section 195 of the UP ZA & LR Act and the provisions of Para 58 of the Gaon Sabha Manual are only directions issued by the Government for carrying out the purposes of the Act, hence it is not correct to contend that the lease was granted under para 58 of the Gaon Sabha Manual and that it could not be cancelled under the provisions of Section 198 of the UP ZA & LR Act.