LAL MOHD Vs. FATIMA BIBI

JUDGEMENT

(1.) The facts are: On 10-6-1987 Lal Mohammad moves an application under Sections 198 (4) Z.A. and L.R. Act in Court of Collector, Allahabad. It is alleged khasra No. 454 area 5 biswas situate in village Pyagipur has one mango tree, 100 years old, and two Mahuwa trees equally that much old. The land is his ancestral grave-yard and so has not vested in Gaon Sabha, which has no concern whatsoever. That Smt. Fatima, wife of Tahir, is not an eligible person; her husband Mohd. Tahir is a resident of village Chaka, a part of a different Gaon Sabha circle. Her husband is a doctor too. No meeting of land Management Committee was held, no proclamation was issued no agenda was circulated amongst Members of Land Management Committee. The land is not entered as grave-yard but that is an incidental error in the records. No order of preference in allotment was followed at all. The relief to cancel the allotment is prayed for.

(2.) On 5-4-1989 an objection by Smt. Fatima Begum in support of allotment. It is given out the process of allotment has been perfectly regular in all it's essential particulars. The relief to dismiss the application is prayed for. Affidavit of Lal Mohd. has been filed. On 4-2-1992 Additional Collector Sri Ramendra Tripathi has dismissed the application as devoid of merit. Aggrieved by the order a revision. On 19-7-1995 Additional Commissioner Sri Brijendra Singh has dismissed it. Consequently, a revision in the Court.

(3.) Heard the counsel for the parties; the record has been perused.