RAMESH Vs. COLLECTOR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. The petitioner who was granted certain land situated in village Mawai, Pargana Maurawan, Tehsil Purwa, District Unnao under the provisions of U.P. Bhoodan Yagna Act, 1952, has instituted these proceedings under Art. 226 of the Constitution of India for assailing the validity of the order dated 13.8.2004 passed by the Additional Collector (Finance & Revenue), Unnao whereby the patta executed in his favour by Bhoodan Yagna Committee under the provisions of Bhoodan Yagna Act, 1952 in respect of Gata No.5619-M, having an area of 3 bigha, 10 biswa has been cancelled.

(2.) The petitioner was granted patta by Bhoodan Yagna Committee on 21.9.1990 in respect of plot no.5619-M having an area of 3 bigha 10 biswa and also in respect of plot no.2667-M having an area of 1 bigha, 10 biswa. The said patta is on record as Annexure 1 to the writ petition.

(3.) After lapse of the period of ten years, a notice was issued to the petitioner on 28.8.2000 by the Additional Collector (Finance and Revenue), Unnao requiring him to show cause as to why the patta granted to him in respect of Gata No.5619-M may not be cancelled. The said show cause notice dated 28.8.2000 recited the grounds on which the cancellation of patta in respect of the said Gata No.5619-M was proposed. The show cause notice indicates that on the land in dispute there exists Ghuras and houses of the villagers and secondly, that the petitioner does not reside in village Mawai as he resides in village Anwarpur, which is at a distance of 30 kms from Mawai and that he does not have any dwelling house in village Mawai and as such no possession can be handed over to him in respect of plot no.5619 situated in village Mawai.