JAGANNATH Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Cause shown is sufficient. The delay is condoned. The substitution application for substituting the heirs of respondent No. 3, is allowed. The necessary entry shall be made in the array of parties.

(2.) This writ petition has been filed against the order dated 6.10.1980 passed by Additional Commissioner, Allahabad Division, Allahabad in Revision No. 275 of 1980 (Alld.), between Jagannath etc. and Ali Athar etc. in proceedings under Section 198 (2) of U.P.Z.A. and L.R. Act, 1950 of village Kanihar, pargana Jhusi, district Allahabad whereby the revision application was dismissed, upholding the order dated 21.6.1980 passed by the Additional District Magistrate (Rural), Allahabad in Suit No. 653A of 1979-80 under Section 198 (2) of U.P.Z.A. and L.R. Act read with Section 15A of U. P. Bhoodan Yagna Act, 1952. It was held by the Additional District Magistrate in his order that the land in dispute allotted to the petitioners was, in fact, entered as 'pond' in the khatauni of 1359 and 1320 fasli and that the land is of public utility. He found that the pond did not belong to Bhudan Samiti and was wrongly allotted by it and got the matter investigated through the Tahsildar who found that the land in dispute is entered in the revenue record as 'pond' and is a public utility vested in Gaon Sabha.

(3.) Counsel for the petitioners contends that the land in dispute had vested in Bhoodan Yagna Samiti and that under the U. P. Act No. X of 1953, the Committee allotted the land to the petitioners. The land of plot No. 409 area 43 bighas 3 biswas was provided to U. P. Bhoodan Yagna Samiti. The Collector has no jurisdiction to initiate the proceedings under Section 198(2) of U.P.Z.A. and L.R. Act, 1950. An application under Section 15A of the U. P. Bhoodan Yagna Act can only by allowed if the Collector is satisfied that the grant was irregular or was obtained by the grantee by misrepresentation or fraud and that no such condition was existing in the present case.