MATOLEY Vs. STATE OF U.P. AND ANR.

JUDGEMENT

(1.) The controversy raised in all these six writ petitions arises in similar circumstances and is identical in nature. In this view of the matter parties are agreed that any decision taken in Writ Petition No. 4037 of 1976 would also govern writ petitions No. 4038 of 1976 to 4042 of 1976. We are accordingly stating the facts of Writ Petition No. 4037 of 1976 and will decide the controversy involved in all these cases in the light of decisions arrived at in this case.

(2.) Petitioner Matoley was granted plot No. 814 area 9.50 acres situate in village Mabai Baoni, Pargana Kalpi, District Jalaun in pursuance of the provisions contained in U.P. Bhudan Yagna Act, 1952 on 05.12.1956. He claims that after obtaining the grant, he came and settled on the said plot and in that connection he also received assistance from the State Government. On 19.05.1976 he received a notice purporting to be Under Sec. 15A of the U.P. Bhudan Yagna Act, 1952 from the Additional Collector (Ceiling), District Jalaun requiring him to show cause why the settlement of plot No. 814, made in his favor in the year 1956, be not cancelled for following two reasons:

(3.) State of Uttar Pradesh enacted the Uttar Pradesh Bhudan Yagna Act, 1952 (U.P. Act X of 1953) which was brought into force with effect from 05.03.1953. The Act provided for donation of land to the Bhudan Yagna and for the constitution of a Committee entrusted with the right to administer and manage all such land. Sec. 14 of the Act enabled the committee or such authority or the person as the Committee with the approval of the State Government may specify, either generally or in respect of any area, to, in the manner prescribed, grant land, which under the provisions of the Act vested in it. The Act was amended by U.P. Act X of 1975 with effect from 21.01.1975. The amending Act amended the provisions of Sec. 14 of the Principal Act. The provision contained in Sec. 14 with regard to grant of land being made to landless persons was altered and a provision was made that the grant Under the Sec. could be made only in favour of a " landless agricultural laborer''. The amending Act further inserted a new Sec. 15A in the principal Act enabling the Collector to, on his own motion or on the report of the Committee or on the application of any person aggrieved by the grant of any lane made Under Sec. 14 whether before or after commencement of Uttar Pradesh figurant Yagna (Amendment) Act, 1975, inquire into such grant and to, if he left satisfied that the grant was irregular or was obtained by the grantee by mis -representation or fraud, cancel the same. It was, acting under this new Sec. 15A, that the notice was issued by the Additional Collator (Ceiling) on 19.05.1976 requiring the Petitioner to show cause why the settlement of plot made with him be not cancelled for the two reasons indicated above.