MAHMOOD Vs. ADDL. COMMISSIONER, SAHARANPUR

JUDGEMENT

(1.) Heard Smt. Sufia Saba for the petitioners and Sri Abhishek Shukla, Standing Counsel for State of UP.

(2.) The writ petition has been filed against the orders of Collector dated 6.7.2016 passed in the proceeding under Section 198 (4) of UP Act No.1 of 1951 and the order of Additional Commissioner dated 3.4.2017 dismissing the revision of the petitioners against the aforesaid order.

(3.) The petitioners filed an application for cancellation of patta dated 4.1.1981 as approved on 31.7.1982 under Section 198 (4) of UP act No. 1 of 1951 (hereinafter referred to as the 'Act'), stating therein that the land in dispute was recorded as Kallar land falling in the category as enumerated under Section 132 of the Act and patta could not be granted of Kallar land. The allottees who were arrayed as respondents in the application were not eligible for allotment of land inasmuch as all the allottees were having land and some of them are big agriculturalists and owned tractors etc. The matter was contested by State of UP and Land Management Committee and they filed objection /reply to the application on 9.2.2016 denying that the patta was granted to any ineligible person. It has been further stated that the petitioners were not aggrieved by the patta and the patta was granted on 4.1.1981 as approved on 31.7.1982 while the proceeding for cancellation of patta was started on the application dated 20.7.2015. Although limitation is five years as such application was liable to be dismissed as time barred. The Collector after hearing the parties found that on the date of allotment of patta Mahmood, petitioner -1 and Asif, petitioner -3 were not born and Aalim, petitioner -2 was aged about 4 years as such they were not eligible for grant of patta. The petitioners cannot be said to be aggrieved persons against patta dated 4.1.1981 as approved on 31.7.1982. The allottees were eligible persons as is apparent from the resolution of Land Management Committee. So far as Kallar land is concerned, this land was recorded in column 6 (4) of the khatauni. According to the Land Record Manual, column 6 (4) is the land which will include the land which cannot be brought under cultivation without incurring high cost. Thus it has been held that this was not the land falling in the category of land mentioned under Section 132 of the Act. Further from the category of the land an inference has also been drawn that as patta was granted 33 years ago, the allottees might have incurred high cost for making it cultivable and in case the patta is cancelled then they will suffer irreparable loss. The Collector further found that patta was granted on 4.1.1981 as approved on 31.7.1982 while the proceeding for cancellation of patta has been initiated on 20.7.2015, although under Section 198 (6) five years limitation has been provided for initiation the proceeding for cancellation of patta. Thus the proceeding was time barred and no order can be passed on it. On this finding the Collector dismissed the application of the petitioners against the aforesaid order. The petitioners challenged the aforesaid order in revision, which has been heard by the Additional Commissioner, who by the order dated 4.2017 has affirmed the finding of the court below and dismissed the revision. Hence this writ petition has been filed.