BABU RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Anupam Kulshreshtha, learned counsel for the petitioner and Shri Santosh Tripathi, who has filed his appearance on behalf of respondent nos.4 an 5 after having obtained no objection from Shri Ramesh Pundir, who had filed caveat on behalf of the said respondents.

(2.) The instant writ petition arises out of proceedings under Section 138 of the U.P. Revenue Code, 2006 for cancellation of an allotment made in favour of the petitioner in so far as it pertains to plot no.342 area 0.0950 hectare.

(3.) The application for cancellation of the allotment was filed by Ranvir Singh, respondent no.5 on the ground that the plot in question had been allotted to the petitioner by a resolution of the Gaon Sabha Ataur dated 16.09.1984, which was approved by the Sub Divisional Officer on 11.03.1985. It was alleged that the petitioner is not cultivating the said plot and that he has executed a sale deed of part of some plot, which was also allotted to him. Plot no.342 was coming within the area of National Level Stadium being developed by the Ghaziabad Development Authority and therefore, its allotment was liable to be cancelled in the public interest. It was also averred that a resolution for development of the Gaon Sabha land for a National Level Stadium was passed on 22.08.2016.