GAON SABHA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Sunil Kumar Singh, learned counsel for Gaon Sabha, Sri Kaushalendra Nath Singh, learned counsel for NOIDA and Sri Suresh Chandra Verma, learned counsel for respondent.

(2.) The present case is arising out of a proceedings under Sec. 198(4) of U.P. Z.A. and L.R. Act in respect of land situated in village Soharakha Jahirabad, Tehsil Dadri, District Gautam Buddh Nagar, which was reserved and recorded as pasture land and was used by public at large of village for said purpose since long time.

(3.) A case was set up by Gram Sabha, petitioner No. 1, in writ petition that proceedings for allotment of patta to contesting respondents i.e. respondent Nos. 4 to 124 was not adopted under a due process that neither Munnadi nor Agenda was prepared according to Rules 173 to 176 of U.P. Z.A. and L.R. Rules. The resolution dtd. 26/10/1995 was approved by SubDivisional Officer by three different orders dtd. 15/1/1996, 14/3/1996 and 18/3/1996, whereas in normal circumstance, the resolution has to be approved by one order only. There were other illegalities also.