RAM SWARUP Vs. COLLECTOR

JUDGEMENT

(1.) WE have heard Sri Harihar Prasad Tripathi, learned counsel for the petitioner and Standing Counsel, appearing for the respondents on merits.

(2.) BY means of this writ petition, the petitioner has challenged the order dated 5 -7 -1984, passed by the then Collector, Fatehpur (Annexure 1 to the writ petition), mainly on the ground that neither valid notice was issued to the petitioner nor opportunity of hearing was given to him as required by Sub -section (3) of Section 15 -A of the U.P. Bhoodan Yagna Act, 1952 (hereinafter referred to as the Act). Moreover, there was no material before the Collector for cancelling the grant made in favour of the petitioner. The petitioner was landless and grant was made in accordance with law and rules as existed on the date of grant. It was also contended that no counter -affidavit has been filed on behalf of the respondent and as such the averments made in the petition have to be accepted.

(3.) SO far writ petition No. 11863 of 1984 is concerned, petitioner Smt. Purna Devi W/o Sri Rama Nand has challenged the order dated 5 -7 -1984 passed by the Collector, Fatehpur (Annexure 3 to the writ petition), mainly on the ground that no notice was served upon the petitioner and Smt. Ram Rati and there was no material for initiating the proceedings. Moreover, no opportunity of hearing was provided to the petitioner and the impugned order was passed violating the principle of natural justice. Learned counsel for the petitioner has urged that no notice was served on the petitioner. A notice was issued to the original grantee Smt. Ram Rati, which was not valid. Our attention was drawn to the copy of the notice (Annexure 2 to the writ petition). No counter - affidavit was filed on behalf of respondents. The grant in respect of several plots was made in favour of Smt. Ram Rati in the year 1969 and she was put in possession. As provided under Section 15 of U.P. Bhoodan Yagna Act, 1952, grant of plots was made in accordance with scheme of Bhoodan Yagna Act. A perusal of copy of the notice sent to Smt. Ram Rati shows that the grant was made in her favour not in accordance with rules.