VIJENDRAPAL Vs. SHER SINGH

JUDGEMENT

(1.) The facts as set forth by applicant Sher Singhs are ; On 14-2-1983 a motion by Sher Singh's for cancellation of allotment of abadi site under Rule 114-P ZA and LR Rules in the court of Collector, Saharanpur. The case set forth is that lease dated 22-4-1969 favouring allottees Vijendra Paul's is irregular ; khasra No. 157 area 1-8-0 had been earmarked as pasture in consolidation and khasra No. 181 is tank and noted Johar' The land is of public utility and allotment is unsupportable. The user of land has not been converted for any other purpose ; if an order is there, the same is bad in law. No auction was held at all-a condition pre-requisite for allotment of an abadi site. No. proclamation was issued ; no agenda circulated amongst members of LMC. The charge is that allottees Vijendra Pal, Bhanwar Singh, Sheo Charan and Salekh Chand are minors. Vijendra Pal was at the crutail time 10 years old, Bhanwar Singh 6 years, Sheo Charan 3 years and Salekh Chand one year old. The minors were living with their father Jagpal. He had enough land for his use. Also they are Gujars, not landless Harijans. At the time of allotment Jagpal had land admeasuring 28-9-11. The order of preference laid down was not adhered to. More, the allotment is bad because the area comprised is 1428 sqr yards ; the limit not to exceed 250 sqr meters. The allotment causes obstruction to school going children form over Khasra No. 358. The relief to cancel the allotment dated 22-4-1969 applicants pray the court for. An affidavit by applicant Krishnapal in support.

(2.) On 17-8-1983 Jagpal Singh, father of minors, files an objection in opposition. The pleading is outright denial of various allegations. It is claimed the allotment is regular Parties are given chance to lead their evidence ; documental and oral, Affidavits are filed for and against the allotment. Mukunda, Sher Singh, Bal Singh, Jaswant Singh, Data Ram, Krishnapal's affidavits in support of applicants cause. Bhanwar Singh, Vijendrapal Singh, Nandus affidavits in support of allotment. Documentary evidence is adduced. Also affidavit of Bikram Singh Pradhan is filed. One more affidavit by Hari Singh. Parties make their representation. On 30-9-1985 Additional Collector, Saharanpur enters an order cancelling the allotment dated 22-4-1969 ; the land is re-vested in Gaon Sabha and direction to take possession. Aggrieved, allotment Vijendra-pal's revision. On 29-4-1986 Additional Commissioners enters an order of dismissal. So this revision by Vijendrapal's, 4 men.

(3.) Heard the counsel for the parties and perused the record.