SHIV KUMAR PATEL Vs. D M BANDA

JUDGEMENT

(1.) The petitioner filed an application and a proceeding for cancellation of Patta of the respondents has been initiated. The authorities below have passed an order after recording a finding that the land alloted to the respondents is in accordance with law after passing a resolution by the Land Management Committee, therefore, there is no occasion for cancellation of Patta in favour of respondents. I have heard the learned counsel for the petitioner and the learned Standing Counsel. It has been argued by the learned counsel for the petitioner that the said land cannot be allotted in favour of the respondents being a Scheduled caste. Reliance has been placed upon Rule 115 (M) and Section 122 (C) of the U. P. Zamindari Abolition and land Reforms Act. Further submission made is that the report of Tehsildar is inadmissible in evidence. Admittedly the petitioner is unauthorized occupant of the land on which it is alleged that he has constructed some house. A person cannot occupy the Gaon Sabha land without any allotment order therefore, he cannot claim as a matter of right that he should be allotted such land. I find that the finding recorded by the courts below is a finding of fact and cannot be interfered by this Court while exercising the powers under Article 226 of the Constitution of India. In view of the aforesaid fact, the writ petition being devoid of merit is hereby dismissed. No order is passed as to costs. .