POORAN Vs. ADDITIONAL COMMISSIONER AGRA DIVISION

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India is directed against the order dated 19-8-1987 passed by the Additional Commissioner, Agra Division, Agra, cancelling the allotment of land made in favour of the petitioners under Section 27 of the U. P. Imposition of Ceiling of Land Holdings Act (for short the Act), and the order dated 11-4-1988, passed by the Additional Commissioner, rejecting the restoration application filed by the petitioner.

(2.) THE factual matrix of the case is that in village Kunjera, Tahsil and District Mathura, certain land was declared as surplus under the Act in pursuance of the proceedings conducted against the original tenure holders and the question arose for settlement of that land declared as surplus. THE settlement was made in favour of petitioners under Section 27 (2) of the Act. An objection was filed by respondent nos. 4 to 6 with the allegations that the petitioners were not proper persons with whom the settlement could have been made, nor they were preferential claimants in view of the provisions of Section 198 of the UP ZA and LR Act, hence the allotment of land made in favour of petitioners may be cancelled. THE parties led evidence and the lease in favour of petitioners were cancelled by the impugned order dated 19-8-1987. It is against these orders the present petition has been filed.

(3.) RESTORATION application was filed by petitioner 2 Bhagwat, which was dismissed in default on 4-2-1988. Another restoration application was filed by Pooran, petitioner no. 1 making averments in favour of allottees including Bhagwat, petitioner no. 2. The Additional Commissioner has taken the view that as no restoration was filed by Bhagwat, rather it has been filed by Pooran, petitioner no. 1, that cannot be said to be restoration application. In such matters statutory hearing is provided under Section 27 (4) that the allottee shall be given notice before any order for cancellation of allotment is made. The relevant statutory provision of Section 27 (4) of the Act is set out below :