LAWS(ALL)-2014-12-47

LALLAN Vs. STATE OF U P

Decided On December 09, 2014
LALLAN Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) HEARD Sri Ram Asrey Yadav for the petitioner.

(2.) THE writ petition has been filed against the order of Additional Collector dated 7.9.2013 by which the application of the petitioner for cancellation of allotment of t eland in dispute for Primary School has been rejected and the order of Additional Commissioner dated 25.11.2014 dismissing the revision of the petitioner against the aforesaid order.

(3.) IT is alleged that plot no.72, area 0.055 hectare of village Pachavar, pargana and tehsil Karakat, district Jaunpur was reserved as navin parti during consolidation. However, subsequently, it was reserved for Harijan abadi but the Sub Divisional Officer allotted the land in dispute for Primary School on 7.10.2012. The petitioner filed an application for cancellation of the allotment under Section 198(4) of U.P. Act No.1 of 1951on the allegation that the land in dispute was reserved for Harijan abadi and it has been illegally allotted for Primary School. The matter was heard by the Additional Collector who by the impugned order dated 7.9.2013 found that on the basis of resolution of the Land Management Committee the land has been allotted for Primary School and the construction of the building over the land in dispute was going on. Accordingly, he has held that the allotment was not illegal and the application for cancellation of patta has been dismissed. The petitioner filed a revision against the aforesaid order. The revision was heard by the Additional Commissioner, who by order dated 25.11.2014 has held that the land in dispute recorded as navin parti and it was allotted for construction of Primary School, which was for the public purpose and the construction of the building has also been done over it. In such circumstances the order rejecting the application of the petitioner was not illegal. On this finding the revision has been dismissed. Hence this writ petition has been filed.