BHARAT SINGH Vs. ADDL. COMMISSIONER AND OTHERS

JUDGEMENT

(1.) This writ petition has bee filed by the petitioner challenging the order dated 03.09.2001 (Annexure - 6 to writ petition), 04.01.2001 (Annexure - 1 to writ petition) and 19.09.1997 (Annexure - 2 to the writ petition) by means of which the Additional District Magistrate, Etawah firstly cancelled the Patta issued in favour of petitioner and the Additional Commissioner, Kanpur Division, Kanpur rejected the revision filed by him thereafter. The case set up by the petitioner in his writ petition is to the effect that he was granted 2.01 acres of land through agricultural Patta on 27. 02.1998 in village Avinepur Pathakpur. Against the grant of such Patta one Ram Das (arrayed as Respondent No. 4) filed objections under Sec. 198(4) of the U.P.Z.A. & L.R. Act. These proceedings were initiated by Ram Das in the year 1996-1997 against not only the petitioner but three other persons also.

(2.) The Additional District Magistrate, Etawah vide his order dated 19.07.1997 rejected the claim set up by Ram Das on the ground that his father already had twenty two bighas of land in the village concerned as per the report submitted by Tehsil authorities dated 05.08.1996. However, from the report submitted by Tehsil authorities it was evident that the petitioner was son of Up-Pradhan of the village concerned at the time when the land was allotted to him and no permission under Sec. 29-C of the U.P. Panchayat Raj Act, 1947 was obtained for allotment of land to the son of Up-Pradhan who lived with him at the time of the said allotment.

(3.) Moreover, it was on record that Up-Pradhan concerned had more than twenty bighas of land and as such, petitioner could not be said to fall in the categories mentioned in the order of preference under Sec. 198 of the Act, 1950. The Patta made in favour of the petitioner was after ignoring the several eligible persons available under category - (c) of Sec. 198 (1) only on the ground that the petitioner had undergone sterilization operation. It was found on perusal of the record that no documentary evidence with regard to the eligibility under family planning programme for grant of agricultural Patta ignoring the order of preference given under Sec. 198 (1) was also available on record.