MOHD. NAIEM Vs. ADDITIONAL COMMISSIONER ADMIN GONDA

JUDGEMENT

(1.) Heard Sri M.M. Haq, learned counsel for the petitioner, Sri A.S. Tiwari, learned Addl. C.S.C. for the State respondents and Sri Mohd. Kumail Haider and Iqbal Ahmad, learned counsel for the respondent no. 5.

(2.) By means of this petition the petitioner has assailed the order dtd. 29/12/2000 passed by the Additional District Magistrate / Additional District Collector, Balrampur in Case No. 7/11/19/49/31 filed u/s 122C(6) of the U.P.Z.A. and L.R. Act, 1950 thereby in a suit filed by the private opposite party the authority has cancelled the patta being granted in favour of the petitioner u/s 122C. The petitioner has also assailed the order dtd. 23/1/2001 passed by the Additional Commissioner, Administration, Devi Patan Mandal, Gonda in a revision whereby the revisional authority has rejected the revision holding that any order being passed u/s 122C(6) of U.P.Z.A. and L.R. Act is a final order, therefore, no revision would be maintainable.

(3.) Learned counsel for the petitioner has stated that initially one suit u/s 122 C(6) of U.P. Z.A. and L.R. Act bearing Suit No. 195 : State vs. Naim, has been filed before the Chief Revenue Officer, Gonda and Chief Revenue Officer, Gonda vide order dtd. 5/2/1996 cancelled the lease given to the petitioner for the reason that the lease given to the petitioner on Gata no. 396 is a land recorded in the revenue record as a 'Sadak Khas'. He has further stated in his order that the lease granted by the Sub-Divisional Officer concerned is per se illegal as no lease can be granted on the public utility land and the preferential list has not been prepared.