- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by learned Single Judge of the Allahabad High Court allowing the writ petition filed by respondent no.1.
(3.) Background facts as projected by the appellant are as follows: On 16.9.1983 the Sub-Divisional Magistrate, Maharajganj allotted the disputed plot No.1734 bearing area of 0.053 hectare in the name of respondent no.1. The appellant, a co-villager, noticed that the land was earlier being used as a passage to Kali Mandir and that respondent no.1 was not entitled to be allotted any land by the Government. The procedure prescribed for allotment of land was not followed. As respondent no.1 was not a landless person, the allotment in his favour was illegal. Appellant filed a petition before the District Magistrate, Maharajganj under Section 198(4) of the U.P. Zamindari Abolition Act, 1950 (in short the Act ). The District Magistrate on receiving the complaint called for the allotment file and on examination found that due procedure was not adopted and was done clandestinely. By order dated 7.11.2002, the Collector cancelled the allotment and further directed that the land be taken over by the Gaon Sabha. Aggrieved by the said order respondent no.1 had filed a revision petition before the Commissioner, Gorakhpur, in which the respondent no.1 took the plea that order passed by the Collector, Maharajganj, is illegal as there was no report called from the Lekhpal and no spot inspection was done. The Commissioner dismissed the revision petition on the ground that the same was not maintainable. In January 2003, the respondent no.1 filed a writ petition No.1004/2003 before the High Court. The primary stand taken was that there was delay in filing the application under Section 198 (4) of the Act by the appellant. Initially the High Court issued notice. Appellant filed his counter-affidavit. Learned Single Judge by order dated 11.9.2003 by a practically non-reasoned order allowed the writ petition. The said order is the subject-matter of challenge.;