RAJA RAM Vs. SON KALI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ petition arises out of proceedings for cancellation of patta under Section 198 (4) of U.P.Z.A. and L.R. Act. Gaon Sabha/Land Management Committee through resolution dated 11.12.1992 allotted patta of different portions of land vested in it to 36 persons including Smt. Son Kali-respondent No. 1. Petitioner's father late Shri Radhey Shyam challenged the said order through application under Section 198 (4) of U.P.Z.A. and L.R. Act on the ground that he was in possession since before Zamindari Abolition over the land in dispute hence it was not vacant and patent grounds that there was no agenda, no munadi and provisions of Rules 173 to 176 of U.P.Z.A. and L.R. Rules were violated were also taken. Smt. Son Kali was allotted an area of 1 bigha 10 biswas out of gaon sabha plot No. 2119/2. In para 5 of the writ petition it has been stated that the said plot was in actual cultivatory possession of late Radhey Shyam-father of the petitioner since before the abolition of Zamindari. THIS allegation is patently false as at no point of time land in dispute was entered in the revenue record in the name of late Radhey Shyam. Since zamindari abolition it was entered as gaon sabha land. Even if it is assumed that Radhey Shyam was in possession, his possession was absolutely unauthorised and such a person is not entitled to challenge the allotment proceedings.

(3.) THE finding recorded by the courts below are basically findings of fact requiring no interference in exercise of writ jurisdiction. Petitioner's father's claim of possession or any sort of right was also barred by Section 49 of U.P.C.H. Act.