RAJNESH Vs. ADDL COMMISSIONER

JUDGEMENT

(1.) HEARD Sri Sushil Kumar Srivastava for petitioners and Sri K.R. Singh, learned Standing Counsel.

(2.) THE petitioners have sought for quashing of order dated 23.12.2011 passed by Collector, Mainpuri directing for issuance of a show cause against proposed cancellation of the pattas in favour of petitioners and order dated 09.07.2012 passed by Additional Commissioner, Agra Division, Agra dismissing a revision preferred therefrom.

(3.) THE Land Management Committee of the Village and Post Sakra, Tehsil - Bhogaon, District Mainpuri in the year 1994 is alleged to have made allotment of lands to 182 villagers, including the petitioners after completing requisite formalities of preparation of "Form -57 Kha" and approval of competent authority and possession was handed over to allottees in the same year itself, their names mutated in revenue records. Respondents no. 5 and 6 made complaints in the year 2008 under Section 198(4) of the U.P.Z.A. and L.R. Act (for short 'the Act'), the Collector, Mainpuri for cancellation of aforesaid pattas of 182 persons primarily on the ground that the said allotment of 1994 was neither preceeded by any public proclamation by beat of drum, nor any meeting of L.M.C, held, nor was the land vacant, and on the contrary, some of the allottees had more than 3.25 acres of land, which would not make them landless, so as to claim entitlement for allotment of pattas. On the basis of said complaint, a case was registered under Section 198(4) of the Act by the Collector, Mainpuri in 2011 -12. The petitioners appeared before the Collector, raised a preliminary objection that the proceedings are barred by limitation under Section 198(6) of the Act. However, the Collector Mainpuri was of the view that as prima facie, case of large scale irregularity in the allotment proceedings is made out, bar of limitation would not apply and vide its order dated 23.12.2011 directed for issuance of a show cause to the petitioners. The petitioners preferred a revision against the show cause, which came to be dismissed by order dated 09.07.2012. Challenging the orders dated 23.12.2011 and 09.07.2012, the present writ petition has been filed.