LALLOO Vs. COMMISSIONER ALLAHABAD DIVISION

JUDGEMENT

(1.) HEARD learned counsel for the parties as well as learned standing counsel and perused the record.

(2.) THE petitioners are the lease holders of surplus land left out in ceiling proceedings. In pursuance to the resolution of the Gram Sabha dated 17.9.1997 (Annexure-1), land in question was allotted to the petitioners and other persons (in total, 18 in number). THE allotment was duly approved by the Pargana Adhikari on 6.6.1998 and in consequence thereof, the possession of lease land was given to the petitioners. THE respondents 5 to 10 had filed an application under sub-section (4) of Section 198 of U. P. Zamindari Abolition and Land Reforms Act, 1950 (in short, 'Act') with the allegation that the lease has been granted to the relatives of the village Pradhan and his associates. It was stated by the complainant in their complaint (Annexure-2) that the lease land is being used for public purpose in the form of khalihan covered by trees. A plea was also taken that the land has already been given for residential purpose and the Gram Sabha has allotted the land without following the procedure prescribed by Gram Sabha Manual. Six complainants who were members of Land Management Committee have stated that no notice was served upon them with regard to meeting. It was also alleged that a complaint was given to the District Magistrate on 10.6.1998, with the submission that the lease land could not have been allotted to the petitioners and other persons. While moving application, the respondents prayed that the lease may be cancelled and the land in question should be allotted to eligible persons.

(3.) WHILE assailing the impugned order, learned counsel for the petitioners vehemently argued that all the members of Gram Sabha were present in its meeting. The petitioners counsel has invited attention of this Court to the photostat copy of the resolution (Annexure-1) of the Gram Sabha to point out that it contains the names of all 18 allottees. It has also been stated that the procedure given in the Gram Sabha Manual was duly complied with while passing the resolution for the purpose of lease with regard to surplus land.