RAM NACHHATRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anup Kumar Srivastava, learned counsel for the petitioners, Sri Surya Narain, learned Advocate has put in appearance on behalf of respondent No.5, Sri Tariq Maqbool Khan, learned Advocate appears for respondent No.4 and learned Standing Counsel appears for respondent Nos.1 to 3.

(2.) It appears that Plot No. 1147 measuring 0.008 Hectares has been allotted under Sec. 122-C of U.P. Z.A. and L.R. Act (hereinafter referred to as the Act) in the name of three persons namely Ram Nachhatra (petitioner No.1), Ram Asrey and Param Hans (respondent No.5). The said allotment was made vide resolution of the land Management Committee dated 30.4.2005 which was approved on 6.5.2005 by the Sub Divisional Officer, Deoria. The possession of the land in question was given to the allottees. The petitioner No.1 and respondent No.5 are allottees of different portions of the same plot made in the year 2005. The petitioner No.1 namely Ram Nachhatra and Param Hans jointly filed an application in the year 2013 with the contention that the allotment made to respondent No.5 was illegal inasmuch as, the respondent No.5 was not eligible for allotment.

(3.) From a perusal of the application filed by the petitioners at "page No.43" of the paper book, it is clear that the petitioners are "Kumhars" by caste. They have been allotted a portion of Plot No.1147 by the resolution of the Gram Sabha dated 30.4.2005. It is stated that the portion which was allotted to the petitioners was in occupation of their ancestors and they were residing therein since a long period of time. The petitioners were doing work of making earthen pots. The ground taken to cancel the allotment of respondent No.5 was that he was not eligible as there existed a pucca house in the village in possession of the respondent No.5. It is also stated therein that the respondent No. 5 possessed agricultural land and that he was making effort to encroach upon the land allotted in the name of the petitioners and, therefore, the necessity of filing the application for cancellation of allotment arose. On this application, it appears that a report dated 20.12.2013 was submitted by the Lekhpal.