SMT. BHURIYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 3 and Sri Mahesh Narain Singh for respondent Nos. 4 and 5.

(2.) By means of the present petition, the order dated 17.01.2017 passed by the Additional Commissioner, Merut Division, Meerut is under challenge on the ground that the documents filed by the petitioner in support of their claim for allotment being eligible person within the meaning of Sec. 198 of the U.P. Z.A. and L.R. Act have not been considered. It is contended in paragraph No. 14 of the writ petition that the petitioner No. 1 namely Smt. Bhuriya is a widow landless labourer aged about 60 years and has no land in the name of herself or her husband. The land which was in the name of her husband has been transferred to her step sons. From the order impugned, it appears that late Hari Ram was husband of Smt. Bhuria, the petitioner No. 1. There are two sons of petitioner No. 1 namely Smt. Bhuriya who are government employees. There is no averment on record that these sons are step sons or Hari Ram was her second husband. The name of first husband of Smt. Bhuriya is also not on record.

(3.) In view thereof, the contention of the petitioner in paragraph No. 14 of the writ petition that petitioner No.1 has no real son and she has only one daughter and they are living separately and have no land in their name is beyond the material on record. No such plea has been taken before the Commissioner. This factual plea taken in the writ petition for the first time cannot be entertained to assail the findings recorded by the Commissioner. Even in the order of Additional Collector, Bulandshahar which was passed in favour of the petitioner No.1, Smt. Bhuriya, she was mentioned as widow of late Hari Ram and that her two sons were mentioned being government employees at the relevant point of time. It is also recorded by the Additional Collector that Hari Ram had 0.870 hectares of agricultural land which was inherited by his sons. The claim of petitioner No. 1 Smt. Bhuria being eligible person has been allowed only on the ground that two sons of Smt. Bhuriya were residing separately and she has no land in her name.