RAM NARESH LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE petitioner is an Ex-Registrar Kanungo Zaminia, who claims to be a landless freedom-fighter, and was allotted certain land vested in the Gaon Sabha Dildar Nagar, district Ghazipur for which a Patta was granted to the petitioner. THE allotment was made by the Land Management Committee in July, 1974. Subsequently the Collector, Ghazipur initiated proceedings under section 198 (4) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "the Act") for cancellation of allotment as well as patta that had been made in favour of the petitioner. By an order dated 7th February, 1982,, the Collector cancelled the allotment/Patta. Against the order of the Collector the petitioner unsuccessfully approached the Commissioner Varanasi Division in revision and thereafter the Board of Revenue, U. P. at Allahabad. Feeling still aggrieved the petitioner has preferred this writ petition

(2.) HAVING heard learned counsel for the petitioner, I find no substance in this petition.

(3.) IT was next contended that the proceedings for cancellation of Patta / allotment were taken beyond the prescribed period of two years. Therefore, the impugned order was without jurisdiction. In this connection, learned counsel for the petitioner placed reliance on sub-section (6) of section 198 of the Act. IT was urged that action could have been taken within two years of the date of allotment and not beyond that period.