CHANDRA BABU Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Gaurav Sisodia, for the petitioner and Standing Counsel, for State of U.P. and Sri Amresh Singh, Standing Counsel for Gram Panchayat.

(2.) THE writ petition has been filed against the orders of Additional Collector, dated 29.09.2001, cancelling the patta of the petitioner in proceeding under Section 198 (4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act) and Additional Commissioner, dated 26.09.2014, dismissing the revision of the petitioner.

(3.) ON the complaints made by the villagers, an inquiry was conducted by Tahsildar, who submitted a report dated 26.07.1998 for cancellation of the patta dated 28.11.1997 of the petitioner and two other persons, stating therein that Land Management Committee did not pass any resolution for allotment of the land to the petitioner and the alleged resolution dated 28.10.1997 was fabricated by Lekhpal and approval/patta dated 28.11.1997 was granted on its basis to the petitioner, cases under Section 198 (4) of the Act were initiated against the petitioner, Ram Prasad and Smt. Sukhdei, which is now numbered as Case No. 32 of 2001. On the notice being served, the petitioner filed his reply on 17.04.1999. It was stated by the petitioner that Land Management Committee of the village Himmatpur Taharpur has held meeting for allotment of the land on 28.10.1997, in which a resolution was passed for allotting plots 36 (area 0.036 hectare), 37/354 (area 0.006 hectare) and 123/1 (area 0.228 hectare) to him. Lekhpal submitted his report relating to resolution and other papers. On being satisfied Sub -Divisional Officer approved the resolution and patta was granted to the petitioner on 28.11.1997. His names was also mutated in the khatauni and he was in possession of the land allotted to him.