AMAR NATH Vs. LAND MANAGEMENT COMMITTEE

JUDGEMENT

(1.) The facts are : On 9-6-1993 Baijnath moves an application under Sec. 198 (4), Z. A. and L. R. Act in the court of Collector, Allahabad. It is pleaded he was allotted land by Land Management Committee and in consolidation operation old Khasra number are given new numbers. The same has been incorporated in C. H. Form-23, C. H. Form-41 and C. H. Form-45. The new Khasra No. 73 is in his possession; a residential house is over it. That no other person has any concern with the land. But on taking an extract of Khatoni on 27-5-1993 he was startled to find that half area of land is subject or allotment to Siya Ram, opposite party; the rest 1/2 has been allotted to him. Also his noted name has been removed from entire area without any notice and hearing. The lease in favour of allottee Siya Ram is bad in law. The order to expunge his name passed on 9-9-1992 is vitiated. It is complained no due process was adhered to executing the lease; no proclamation was issued; no meeting of Land Management Committee was held and entire process is result of skillful manouvers. The relief to cancel the allotment of Khasra No. 73 in favour of Siya Ram is prayed for.

(2.) On 9-2-1994 an application by Hira Lal Pradhan in support of allotment to Siya Rams. On 28-6-1994 applicant Baijnath moves to direct allottee not to change the nature of land.

(3.) On 7-7-1994 allottee Siya Ram files an objection saying lease has been executed validly; a list of eligible persons was prepared; that he ranks ahead of applicant in the list, prepared in order of preference laid down. Also applicant too has been given land through a fresh allotment order. The relief to dismiss the application is prayed for.