RAJ KUMARI Vs. RAMDHAN

JUDGEMENT

(1.) This reference is hereby order of Additional Commissioner dated 11.3.1996 recommending that order of cancellation of lease dated 1.7.1994 passed by Additional Collector in a case under Sec. 198(4), Z.A. and L.R. Act be upturned.

(2.) The facts are : On 22.10.1990 Ramdhan and eight others move an application under Sec. 198(4), Z.A. and L.R. Act in the Court of Additional Collector, Allahabad. The pleading is that allotment in favour of Smt. Raj Kumari, Prabhakar, Smt. Shyam Kali and five others is highly irregular and be annulled. The charge is that Pardhan has not called a meeting of Land Management Committee; the agenda was circulated amongst members. The allottees are household members of Pradhan. This charge is specific ; allottee Smt. Raj Kumari is daughter-in-law of Pradhans uncle; allottee Prabhakar is son of Pradhans brother; allottee Smt. Shyam Kali is wife of Pradhan's younger brother Chatrapal, allottee Man Bahadur is elder brother, allottee Smt. Subrani is wife of Pradhan's brother Iqbal; allottee Ram Mohan is son of Pradhan's uncle; allottee Chabban is brother of Pradhan; allottee Deoman is uncle of Pradhan, allottee Smt. Suryakali is wife of Pradhan; allottee Ram Babu belongs to trading class. All belong Kurmi caste except allottee Ram Babu who is Kesarwani. All have band exceeding 10 bighas.

(3.) Further allottee Ram Mohan is son of Lekhpal's uncle; also allottee Deo Mani is son of Jawahar Lal. The alleged resolution of Land Management Committee dated 13.3.1990 is entirely forged. The permission of Sub-Divisional Officer dated 26.3.1990 has been secured by pretencion. Also the land in question is Talab-a public utility land. The father of Pradhan is Mool Sajiwan Singh who was convicted in 1978 and damages imposed upon him for trespass over Talab. The allottees belong to upper caste. It is claimed of Khasra no. 46 a resolution was passed in 1987 allotting this to applicant Ramdhan. He is in possession yet a forged resolution has been brought on record. The relief to cancel the allotment is prayed for.