MUBARUKUNISHA Vs. ADDITIONAL DISTRICT MAGISTARTE RURAL ALLAHABAD

JUDGEMENT

(1.) THIS petition is directed against the order dated 1st October, 1988 passed by the Additional District Magistrate, Allahabad in purported exercise of power under section 15-A of U. P. Bhoodan Yagna Act, 19 52 cancelling the allotment of plot no. 97 measuring 2 bighas 18 biswas in favour of the petitioner.

(2.) SHORTLY stated the relevant facts are that the petitioner was allotted the aforesaid plot under Section 14 of the above mentioned Act. Respondent no. 2, Bal Mukund, made an application before the Additional District Magistrate, Allahabad claiming that the land belonging to him is in abadi, that the petitioner wrongly got the same allotted in her favour even though she was neither a landless agricultural labourer nor was she a person whose main source of livelihood was agricultural labour or cultivation. On the contrary she was the wife of the Pradhan of the village who had extensive land measuring 20 to 22 bighas. It was further stated that the husband of the petitioner had acquired more land and in support of this allegation various extracts of Khasra and Khatauni were filed.

(3.) SRI T. P. Singh, learned counsel for the petitioner, has challenged the aforesaid order on the ground that in the first place the land belonging to the husband of the petitioner could not be taken into account in determining, whether the petitioner was, at the relevant time, a landless agricultural labourer. Secondly the land, referred to in the order as belonging to the petitioner, was inherited by her husband after allotment was made in favour of the petitioner. On both these counts it was alleged that the said land could not be taken into account in cancelling the petitioner's Patta.