NAGINA Vs. B. R.

JUDGEMENT

(1.) This Writ Petition is directed against an order dated 13.02.1985 passed by the Board of Revenue, U.P. at Allahabad in Reference no.469 of 1983 - 84/ Ghazipur, accepting the said Reference and setting aside the order of the Additional Collector, Ghazipur, dated 26.05.1982; consequentially, the agricultural patta granted in favour of the petitioner has been cancelled. Also, impugned in the Writ Petition is the order of the Additional Commissioner, Varanasi Division, Varanasi, in Revision no.125 of 1982, allowing the Revision and making a Reference to the Board that the order of the Additional Collector, last mentioned, be set aside.

(2.) Heard Sri Anil Bhushan, learned Senior Advocate assisted by Sri Pramod Kumar Pandey, learned counsel appearing for the petitioner and Sri Sanjay Upadhyay, learned counsel appearing on behalf of respondent no.3, Deo Dhari son of Lahiri. Sri Satish Mohan Tiwari, learned Standing Counsel has been heard on behalf of respondent nos.1 and 2. No one appears on behalf of respondent nos.4 and 5.

(3.) The facts giving rise to this petition indicate that information about the proposed allotment of agricultural land on patta, was made through proclamation by beat of drum in Village Kodai, Pargana Pachhoda, Tehsil and District Ghazipur (presently Tehsil Kasmabad). This proclamation by beat of drum, about the proposed meeting of the Land Management Committee to consider eligible persons for allotment of land on patta, was made on 13.02.1976. The meeting of the Land Management Committee was scheduled for 21.02.1976. A meeting of the Land Management Committee was actually convened on 21.02.1976, and by a Resolution of the said date, land was allotted to various persons over different plot numbers of varying area, all agricultural in nature. A copy of the Resolution dated 21.02.1976 has been annexed as Annexure RA-1 to the Rejoinder Affidavit, dated 12.07.2004, filed on behalf of the petitioner. The petitioner's case is that he was allotted land comprising khasra plot nos.341, 340, 376, 512, 513, 339, totaling a six plots and admeasuring 2 -13 -15. Approval to the aforesaid Resolution was granted by the Sub-Divisional Officer on 23.02.1976.