SMT. SHEORAJI Vs. GAON SABHA

JUDGEMENT

(1.) The facts are, Meghnath Mahto was in Armed Forces and had suffered death while in service. A Government order No, 77-B-1-R.-81 R-12 dated 4-6-1981 accords priority in allotment of Gaon Sabha land to dependants of such a person. An enquiry begins to allot some land to Smt. Sheoraji, the widow. It is found that she has already been allotted an area of 1.83 acres in 1975/1977. So she has to be more allotted an area of 3.17 acres to entitle her to full area of 5 acres.

(2.) To accomplish this end an enquiry moves from Sub-Divisional Officer to Tahsildar and from the letter to Settlement Officer, Consolidation to find out land of quality to make up the requisite area, 5 acres. On Tahsildar's giving khasra Nos. and area on 17-10-1984 Sub-Divisional Officers orders that widow deserves allotment. The papers may be corrected after allotment. This order is presumptive evidence that allotment has been made by Sub-Divisional Officer.

(3.) A complaint by 88 persons or thereabouts sometime before 4-11-1986 that Additional Collector, Deoria has written to Government that allotment to Smt. Sheoraji is possible only after issue of a denotification under Sec. 52 C.H. Act. In the meanwhile land ear-marked for public purpose has been allotted to Smt. Sheoraji. The Sub-Divisional Officer suppressing material facts, has allotted the land, without it's vesting in Gaon Sabha. More, there is no resolution of L.M.C. for this end. The relief to cancel the allotment applicants pray the court for.