BIHARI NATTHU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Impugned herein are the judgment and orders dated 14.3.2005 and 23.7.2002 passed by Addl. Commissioner (Judl.) Moradabad and the Sub Divisional Officer Bijnor.

(2.) The dispute in the instant petition revolves round plot No. 397 admeasuring 0.253 situated in village Salarabad Pargana and Tahsil Dhampur District Bijnor.

(3.) The facts constituting grievance of the petitioner is that the land in question was allotted to him on 7.7.1983 by virtue of his being member of Scheduled caste by the Land Management Committee in observance of the provisions of Sections 195 and 198 (1) of the U.P.Z.A. & L.R. Act which received approval on 28.7.2003. It is alleged that ever-since then he has been tilling the land and has also deposited 10 times of land revenue and with the passage of time he has been declared Bhumidhar with non-transferable rights and in consequence, was also issued Jyot Bahi on 7.7.1995. It is further alleged that the Land Management Committee of the village initiated action for cancellation of allotment made to him by means of application dated 21.6.1993 under Section 198(6) of the U.P.Z.A. & L.R. Act attended with further allegation that the aforestated Committee again embarked upon proceeding by moving application under Section 198(4) before the Asstt. Collector to which the petitioner filed objection but the Asstt Collector rendered verdict rescinding the allotment made in favour of the petitioner. Dissatisfied by the decision of the Asstt. Collector, the petitioner went up in revision before the Divisional Commissioner Moradabad Division Moradabad which also met the fate of dismissal vide order dated 14.3.2005. It is in this backdrop that the present petition has been instituted in this court.