SADHU Vs. JAI SINGH

JUDGEMENT

(1.) The facts are : On 14-10-1987 Jai Singhs, 4 persons motion under Sec. 198(4) Z.A. and L.R. Act in the court of Additional Collector, Saharanpur. The complaint is against 152 allottees. It is put forth that opposite-parties No. 76 to 151 are residents of Haryana ; are engaged in agriculture there. Opposite-party No. 152 Kali Ram is Pradhan and resident of Dabkola Khurd. The allotment to them is blatently improper and irregular. Further claim is that allottees 1 to 11 are residents of village Sarjapur Taqi but certainly not landless agricultural labourers. The opposite-party Nos. 12 to 75 are residents of Banokheri, a place in a different circle they are ineligible for allotment. The charge is categorical that process of lease was not adhered to; no proclamation issued, no agenda circulated, no khasra No. and area announced and land is not identifiable on the ground. Their claim of possession is from before abolition ; in addition their names are recorded in verg 4. A charge is that son of allottee Smt. Mangala is Bank Manager with whom she is living. Further, allottee numbers 29,34 and 39 are minors and are not eligible. The charge is reputed that allottees 76 to 151 are all residents of Haryana where their land holdings are in district Karnal. At the material time the land was not vacant. Paragraph 10 has set forth that signatures of members on resolution were secured by an amphibious fraud. The relief to cancel the allotment applicants pray the court for.

(2.) On 16-1-1988 Naib-Tahsildars inquiry report ; a bare and banal denial of all allegations. On 12-8-1988 allottees 12 to 152 in five pages : 16 paragraphs wholly deny that process gone into has been irregular. Verbal charges meet verbal repudiation. On 13-12-1988 Jai Singh, Jittu, Ram's sworn affidavits in support of applicants cause. On 23-5-1989 Mukunda, Bishambhar, Malkhans affidavits in rebuttal thereof. Still more, on 7-6-1989 Bhartu, Nar Singh, Mangas affidavit in support of allotment. The file of Allotment is requisitioned and attached herewith the judicial file. Parties are given chance to lead their evidence. On 10-2-1992 Additional Collector, Saharanpur enters an order of cancellation.

(3.) Allottee Ilma's revision No. 22/1992-93. In the like manner allottee Chet Rams revision No. 44/1991-92. On 25-1-1993 Additional Commissioners order of dismissal. Hence a revision petition by Sadhu's 55 persons.