RAM DULAREY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Vinod Kumar Singh for the petitioner and Sri Ved Prakash Shukla for the caveator.

(2.) The writ petition has been filed against the orders of Chief Revenue Officer dated 22.11.2011 and Additional Commissioner dated 18.6.2015 passed in the proceeding under Section 122-C(6) of U.P. Act No.1 of 1951.

(3.) On the complaint/application of the villagers a proceeding for cancellation of patta granted to petitioner for house site, was started against him. It was alleged in the application that plot no.92, area 0.05 acre of village Mahevagopal, pargana and tehsil Mankapur district Gonda was reserved as nali during consolidation operation and the land being a public utility land no patta for house site can be granted over it. However, in collusion with Lekhpal, the petitioner had obtained patta for house site of plot no.92 on 31.3.1996 of the land in dispute. The application was contested by the petitioner on the ground that plot no.92 area 2 decimal was nali while remaining area 3 decimal was vacant land. The Sub Divisional Officer had granted patta of the vacant land of 3 decimal on plot no.92 and in pursuance of the patta construction has been raised by the petitioner over the land in dispute. The Chief Revenue Officer by order dated 22.11.2011 found that the land in dispute i.e. plot no.92, area 0.05 acre was reserved as nali during consolidation operation. The land being public utility land as such it could not be allotted for house site and allotment for house site to the petitioner was illegal. On this finding he allowed the application and cancelled the patta of the petitioner by order dated 22.11.2011 so far as it was in respect of plot no.92, area 0.05 acre. The petitioner challenged the aforesaid order in revision, which has been dismissed by the Additional Commissioner by order dated 18.6.2015. Hence, this writ petition has been filed.