SARWARI BEGUM Vs. MOHD. ASHFAQ

JUDGEMENT

(1.) HEARD Shri Shafiq Mirza, learned counsel for the petitioners and perused the written submissions filed by him. All the petitioners are closely related with each other. Petitioner no.2 Afroz Jahan is wife of Mohd. Shafi and petitioner no.3 and 4 Mohd. Javed and Mohd. Hanif are sons of Mohd. Shafiq. Petitioner no.1 Sarvari Begum is wife of Mohd. Nazeer and Mohd. Nazeer appears to be brother of Mohd. Shafiq. Each petitioner was allotted two acre land of Gaon Sabha. The allotment was approved on 15.8.1987. The subsequent Pradhan Mohd. Ashfaque respondent no.1 in this writ petition filed application for cancellation of Patta. Tehsil report had also been filed regarding illegal allotment to the near relations of Pradhan. On the request of Mohd. Ashfaque both the matters were consolidated and registered as case no. 643/758 under Section 198(4) of U.P.Z.A. &L.R. Act. Mohd. Ashfaq vs. Sarvari Begum. As far as cancellation application filed by Mohd. Ashfaque is concerned the objection of the petitioners was accepted by Chief Revenue Officer Gonda and it was held that as competent officer had not permitted him to file the case, hence, he could not file the case. However, Tehsil report had also come, hence, matter was decided on merit.

(2.) PETITIONERS did not deny that they were very close relations of the Pradhan who made the allotment, however, as a counterblast they stated that respondent no.1, the subsequent Pradhan had also made allotment to his near relations. In the report of Tehsildar it had been mentioned that over the land in dispute instead of agricultural activities sand was being dug. However, the C.R.O. Gonda who decided the matter on 12.9.1991 held that it was irrelevant for consideration of application for cancellation of Patta.

(3.) IT is experience of the court that more often than not provision of allotment of Gaon -sabha land which is meant to benefit the lowest stratum of the society is utterly abused and only influential, wealthy people are allotted the land. Wife and two sons of the same person and probably his real brother have been allotted in total 8 acre land. Petitioners admitted that they were very close relations of Pradhan. As far as the finding that petitioners and their father were having lot of agricultural land is concerned, it has nowhere been denied in the writ petition. In this regard reference may be made to paragraphs 11, 18 and 26. In para 26 it has specifically been admitted as follows.