PHELLU Vs. BOARD OF REVENUE ALLAHABAD

JUDGEMENT

(1.) This writ petition is directed against the order dated 14.12.1989 passed by the Board of Revenue, respondent No. 1, whereby it allowed the revision and set aside the orders passed by respondent Nos. 2 and 3.

(2.) The facts, in brief, are that the Land Management Committee passed a resolution on 30.12.1981 allotting plot No. 156 area 3-17-0 and plot No. 204 area 1-7-5 situate in village Dargahpur in favour of Mongey Ram, respondent No. 4. The petitioner filed an application before the Collector under Section 198 (4) of U. P. Zamindari Abolition and Land Reforms Act. 1950 (hereinafter referred to as the Act), for cancellation of allotment on the allegation that respondent No. 4 was employed in Indian Army at the time of allotment and his father had already 20.22 Bighas of land and tractors, etc. The allotment was made in contravention of the Act and the rules framed thereunder. The 'Munadl' was not duly made and agenda was not circulated before the Land Management Committee passed resolution in favour of respondent No. 4 for allotment of land. It was further averred that the petitioner was in occupation of the land and it was not vacant at the time of allotment.

(3.) Respondent No. 4 contested the application. It was alleged that the allotment was made in his favour after observing all the provisions of the Act and the Rules framed thereunder. He denied that the petitioner was in possession of the disputed land at the time of allotment. On behalf of petitioner affidavits of Todar, Phellu. Roop Ram. Vishambhar and Karan Singh were filed and on behalf of respondent No 4 affidavits of Ram Pal, Molhad and Vishambhar were filed. The Additional Collector also summoned from the Land Management Committee the register regarding resolution of the allotment of the land in question and also examined the Lekhpal. The Additional Collector found that the petitioner was not in possession of the land in dispute on the date of allotment but he found that respondent No. 4 was employed in Indian Army and his father had 20 bighas of land and was cultivating the land with the help of tractor. He was not landless agricultural labourer and was not entitled to priority in the matter of allotment of land. The allotment made in favour of respondent No. 4 was cancelled by his order dated 30th June, 1983. Respondent No. 4 filed a revision against this order before the Additional Commissioner (Administration), Meerut. The revision was dismissed on 12.10.1983 affirming the findings recorded by the Additional Collector. Respondent No. 4 filed revision before the Board of Revenue and it has allowed the revision on the ground that the petitioner was not an aggrieved person and secondly, the Land Management Committee was not made a party before the trial court.