LAWS(ALL)-1997-1-164

DURGA SHARKER Vs. PARAS NATH

Decided On January 25, 1997
Durga Sharker Appellant
V/S
PARAS NATH Respondents

JUDGEMENT

(1.) By order dated 30.8.1995 a reference by Additional Commissioner recommending to set aside the order of trial court dated 29.4.1994 ; to remit the cause to court for first instance for redisposal in an action at law under Rule 115P, Z.A. and L.R. Rules.

(2.) The facts as appear from the pleadings are : On 19.1.1994 Paras Nath and five others move an application under Rule 115P, Z.A. Rules to cancel the allotment of abadi site favouring Durga Prasad and others ; the application in the Court of Collector, Allahabad. It is pleaded they are using the land and their interest is as aggrieved person. That on 22.12.1992 Land Management Committee has purported to execute a lease of abadi site without least adhering to accredited process ; no proclamation was issued, no agenda was circulated amongst members of Land Management Committee, no resolution in order was passed. On 31.12.1992 approval of Sub-Divisional Officer had been secured through misrepresentation. The allottee are not eligible persons in the sense that they do not figure in the list in order of preference. Allottee Durga Prasad is brother of Pradhan, Allottees 2 to 8 are members of his household. Some of them are living one kilometer away from the land. Allottees 9 to 20 live in village Bodnipur ; a distance of three kilometers ; they have already been granted lease in the past. As allottees 1 to 8 are members of household of Pradhan Collector's prior permission is necessary. They are not in possession too. Also allottees have their own houses to live in. The allotment dated 22.12.1992 has touch of fraudulence and is conspicuously irregular and invalid. The relief to cancel the allotment is prayed for. An affidavit in support of various allegations.

(3.) On 21.1.1994 an objection in total denial by allottees Durga Prasad and others. It is alleged Land Management Committee has strictly adhered to process prescribed by the law. They are landless agriculture labourers and are entitled to abadi sites. The applicants are not aggrieved persons. The relief to dismiss the motion is prayed for. In support of defending cause are various affidavit's. On 29.4.1995 Additional Collector Shri B.N. Singh has cancelled the allotment; he further directs Sub-Divisional Officer to take steps for re-allotment in favour of Scheduled Castes. Aggrieved by the order a revision by Durga Prasad's. On 30.8.1995 Additional Commissioner forwards a reference to set aside the order of trial court ; to remit the cause for redisposal in the light of illuminating observations. The reference dockets here for a final and definitive decision.