CHHATTOO Vs. LAND MANAGEMENT COMMITTEE

JUDGEMENT

(1.) The bare facts requisite for a proper appreciation are On 6-2-1978 Paramhans : 3 persons move an application under Sec. 198 (4), Z.A. & L.R. Act, in the court of Collector Deoria, The claim set forth is that land is ancestroi and applicants along with opposite-party Sant Pandey, their father, are tenants in possession. The land, before abolition of Zamindari, was their sir and khudkasht. In the meantime they have planted mango trees and is now a groveland. In consequence of vesting of land in State they have ripened title as bhumidhar tenants. The allotment by LMC the Chattoo and Shanker is unsupportable because land has never lawfully vested in Gaon Sabha. The relief to cancel the allotment they pray the court for.

(2.) On 17-6-1978 a report by Supervisor Kanungo addressed to Tahsildar clarifies that on 17-12-1975 L.M.C. has allotted land to 19 persons; On 27-2-1976 Sub-Divisional Officer has accorded his approval. Evidence is adduced by the parties. On 20-3-1982 Additional Collector has cancelled the allotment.

(3.) Aggrieved by the order allottee Chattoos revision. On 4-11-1988 Additional Commissioner enters an order of dismissal. Hence the revision by Chattoo.