RAJESHWAR UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the petitioner, Sri Bishram Tewari, Advocate appearing for respondents No. 6 and learned standing counsel.

(2.) By this writ petition, the petitioner has prayed for quashing the order dated 15th November, 1996 passed by respondent No. 3 land the order dated 24th September 2003 passed by respondent No. 2.

(3.) A lease of housing site was allotted to the petitioner in Plot No. 250 area .02 decimal. An application under Section 122-C(6) of U.P. Zamindari Abolition & Land Reforms Act was filed by Gaon Sabha praying for cancellation of the lease. Notice was issued to which petitioner filed his reply. The Collector vide his order dated 15th November, 1996 held that petitioner is not eligible person entitled for lease. Finding was recorded that petitioner is running a shop and is not agricultural labourer. Against the order dated 15th November, 1996, petitioner filed a revision in the revisional Court. The revision was dismissed on merits on 27th October, 1999. Against the order dated 27th October, 1999, the petitioner filed a review application which was allowed on 1st December, 1999. Copy of the order dated1th December, 1999 has been filed as Annexure-8 to the writ petition. An application was filed to recall the order dated 1st December, 1999 which was allowed by the impugned order dated 24th September, 2003. The Additional Commissioner by the impugned order dated 24th September, 2003 set-aside the order dated 1st December, 1999 and restored the earlier order dated 27th October, 1999, The Additional Commissioner also recorded a finding that revision was dismissed on 27th October, 1999 and thereafter without hearing the Gaon Sabha, order dated 1st December, 1999 was passed. Challenging the above orders, the petitioner has come up in this writ petition.