SHYAM SUNDER Vs. STATE

JUDGEMENT

(1.) This revision has been filed against Patta canellation order passed by Collector Lalitpur in Suit. No. 862 of 99-2000 under Section 198(4) of the U.P.Z.A. and L.R. Act on15-3-2002. The contention of the revisionists are that the land in dispute was allotted to them in the year 1966 by the L.M.C. concerned after following all procedures laid down under the Rules as they stood on the relevant date, whereas the proceedings for cancellation of the Patta were started on 15-9-2000 much beyond the limitation prescribed for initiating suo moto, action for cancellation of Patta under Section 198(6)(a) of the U.P.Z.A. and L.R. Act. The action for cancellation of Patta could have been initiated latest upto November 10, 1987. It is has been contended that also under the law as stood then the revisionists were eligible for grant of leases in the category of ''any other reason''.

(2.) I have heard the learned Counsels and perused the record.

(3.) THE learned Collector though has mentoned this fact but has not considered the contention of the revisionists that they were eligible for allotment as per the provisions of law in force at that time. Secondly; though it has been stated in the order that the revisionists have land in their native village of Tenga and Bajarra, it has not been ascertained how much land was recorded in their names to render them ineligible for allotment.