AJAY SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This writ petition is directed against the order of the Commissioner, respondent No. 2, making reference to the Board of Revenue and the order of the Board of Revenue dated 28.8.1997 accepting the reference in the matter of cancellation of allotment of lease alleged to have been executed in favour of Akshay Kumar Singh, the father of the petitioners.

(2.) The facts, in brief, are that Mahavir Singh had two sons, namely, Vijay Kumar Singh and Akshay Kumar Singh. The petitioners are sons of Akshay Kumar Singh. The Land Management Committee granted lease in favour of Akshay Kumar Singh and Vijay Kumar Singh in respect of plot Nos. 1461, 1463, 1465 (new plot Nos. 1758 and 1762) area 4.87 acres. One Prakash Chand filed an application for cancellation of the said lease deed under Section 198 (4) of U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) on-the allegation that Mahabir Singh was an advocate. He had 40 bighas of land. His son Akshay Kumar Singh was an advocate and his another son. Vijay Kumar Singh, was in Government service. He was then posted as Sub-Inspector of Police. The lease was granted in their favour who were not landless persons and entitled to get any preference in the matter of allotment. It was further alleged that the proper procedure was not followed in making the allotment of the land.

(3.) Akshay Kumar Singh, the father of the petitioners, filed objection to the said application. It was denied that he was in possession of any land. The allotment was made after following the procedure prescribed for it. The said application was dismissed in default. The complainant filed an application to recall the said order but the said application was also dismissed in default on 23.2.1980.