- (1.) This appeal by certificate is directed against the judgment of the Allahabad High court dated 4/02/1971. On 9/03/1966 the Land Management Committee of Village Ghatampur allotted 8 biswas of land in plot No. 822 to the respondent Shiv Dulare Bajpai for constructing a building for Chhetriya Jan Sampark Karyalaya. The Resolution was communicated on 14/08/1966. Subsequently the Managing Committee passed the resolution cancelling the allotment on the ground that the respondent did not make any construction on the land in question within two years as contemplated under Rule 115-P of the U. P. Zamindari Abolition and Land Reforms Rules. Rule 115-P reads as under: "115-P.the person to whom a patta site is allotted shall be required to build a house, either kutcha or pukka and begin to reside in it or use it for the purpose for which it was built within two years from the date of allotment. If he fails to do so, his rights shall be extinguished and the site may be re-auctioned. "
(2.) The Tehsildar issued a notice in September 1968 prohibiting the respondents from making construction on land in question. The Sub-Divisional Officer, Ghatampur on 15/11/1968 issued a notice asking the respondents to deposit Rs. 17,000. 00 as compensation or show cause against it. The respondent appeared before the Sub-Divisional Officer and after some adjournments the Sub-Divisional Officer on 13/12/1968 passed the following order: "The case shall remain adjourned till 23/12/1968. For reasons of adjournment order in respect of the land in dispute under Order 39 Rule 3 it is ordered that why you should not be punished for the violation of the order. "the respondent filed two separate writ petitions challenging the above proceedings taken against him. In Writ Petition No. 3557 of 1968 the respondent challenged the order cancelling the allotment as well as the direction issued by the Tehsildar stopping construction. By another Writ Petition No. 4569 of 1968 the respondent challenged the order of the Sub-Divisional Officer dated 13/12/1968 and notice dated 15/11/1968. Both the writ petitions were disposed of by the learned Single Judge of the High court by a consolidated order dated 13/10/1969. Learned Single Judge dismissed the Writ Petition No. 3557 of 1968. The Writ Petition No. 4569 of 1968 was partly allowed. Aggrieved against the judgment of the learned Single Judge an appeal was filed before the division bench against the consolidated order passed by the Single Judge dated 13/10/1969. The division bench by their order dated 4/02/1971 held that the case involved bona fide question of title and as such it was not permissible to take action for summary ejectment of the respondent. The learned division bench raised the question whether the allotment was still effective in spite of the respondents' failure to complete construction in two years which was not free from difficulty. The division bench of the High court in the above circumstances observed that they did not propose to interfere in the present proceedings since there was a serious dispute between the parties about title. The division bench upheld the order of the learned Single Judge dismissing the Writ Petition No. 3557 of 1968 but allowed Special Appeal No. 1511 of 1969 arising out of W. P. No. 4569 of 1968 and quashed the order of the Sub-Divisional Officer dated 15/11/1968 and 13/12/1968. Nagarpalika Ghatampur has come before this court in appeal against the aforesaid order of the division bench.
(3.) We have heard learned counsel for the parties and have perused the record. There is no controversy between the parties with regard to the date of allotment of the plot in question which was taken as 14/08/1966 the date of communication of the allotment order. Rule 115-P which has been extracted above clearly lays down that the person to whom a patta site is allotted is required to build a house either kutcha or pukka and begin to reside in it or use it within two years from the date of allotment. It further provides that if the allottee fails to do so his rights shall be extinguished and the plot may be re- auctioned. The respondent has not disputed the fact that he had not raised construction over the plot in question and begin to reside in it or use it within two years from the date of allotment. Learned Single Judge in his order dated 13/10/1969 has clearly observed: "it is admitted that the petitioner did not make any constructions on the 8 biswas of land allotted for the Karyalaya within the requisite period of two years. " Therefore it cannot be said that there was any dispute between the parties for the title of the plot. It may also be noted that the order cancelling allotment by a resolution of the Managing Committee has been upheld by the division bench of the High court as it has dismissed the Special Appeal No. 1606 of 1968 arising out of Writ Petition No. 3557 of 1968 thusonce the order cancelling the allotment is held to be proper under Rule 115-P the rights, if any, of the respondent stood extinguished automatically and there was no case involving bona fide question of title. In view of these circumstances we allow this appeal, set aside the order of division bench of the High court dated 4/02/1971 and uphold the order of the learned Single Judge dated 13/10/1969. It is however made clear that this case relates to 8 biswas of land in plot No. 822 allotted for constructing a building for Chhetriya Jan Sampark Karyalaya and it has nothing to do with allotment of 2 biswas of land out of plot No. 822 to the respondent for building his residential house. In the facts and circumstances of the case there shall be no order as to costs.;