NARAYAN SHUKLA, J. - (1.) HEARD Mr. S.P. Singh learned Counsel for Lucknow Nagar Nigam and Mr. Mohd. Arif Khan, learned Senior Advocate as well as Mr. S.N. Goswami, learned Counsel for opposite parties.
(2.) THE above noted review applica­tions have been filed by Lucknow Nagar Nigam to review the order dated 1.7.2009 passed by me in Writ Petition No. 2451 (M/S) of 1997 and other connected writ petitions. In the case of Shri Kant it is stated that he was not resident of village Para and his father was Government Servant, as such he was not falling in the category of agricultural labour. It is further stated that the petitioner and his family was jointly holding 14.75 acre of land which is more than 6.25 acres of land in the circle. Accord­ingly, it is stated that he was not eligible for allotment of land under section 198 of the U.P. Zamindari Abolition and Land Re­forms Act, 1950. In the case of Smt. Gyaneshwari Devi it is stated that she was not resident of village Para and her husband was Government Servant, as such he was not falling in the category of agricultural labour, being so she was not eligible for allotment of land under section 198 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, moreover, she and her family was jointly holding 14.75 acre of land which is more than 6.25 acres of land in the circle. In the case of Kalindi Devi it is stated that she was not resident of village Para and her husband was Government Servant, as such she was not falling in the category of agricultural labour, being so she was not eligible for allotment of land under section 198 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. It is further stated that no patta was existing in favour of her husband. In the case of Mr. Balram Nath it is stated that lessee Smt. Chandra Kunwari was not resident of village Para, as such she was not eligible for allotment of land under section 198 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. It is further stated that Mr. Balram Nath son of Smt. Chandra Kunwari was Government Servant, therefore, Smt. Chandra Kunwari was not falling in the category of agricultural labour. It is further stated that no valid patta was existing in favour of the petitioner.
(3.) MR . S.P. Singh, learned Counsel for Lucknow Nagar Nigam invited the atten­tion of this Court towards section 198 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which is reproduced hereinunder:- "198. Order of preference in admitting per­sons to land under sections 195 and 197.-(1) In admitting any person as sirdar or asami under section 195 or 197, Gaon Sabha shall sub­ject to the rules framed or order made by the Court under section 178 or 137 observe the following order of preference- (a) a co-operative farm established under this Act, holding land within the jurisdiction of the Gaon Sabha to enable it to possess a suitable area of agricultural or culturable land, (b) a bhumidhar to whom sub-section (2) of section 18 or section 137 ap­plies and who is holding less than six and a quarter acres in area in circle, (c) a tenure-holder other than the bhumidhars to whom clause (b) applies holding land less than six and a quarter acres in area in the circle, (d) a landless labourer residing in the circle, and (e) any other person: Provided that the land allotted to a co­operative farm under Clause (a) shall, if the registration of such farm is cancelled within two years of the allotment, revert upon such cancellation to the Gaon Samaj, and any person holding or retain­ing possession of such land shall be deemed to be occupying it without title liable to ejectment under clause (b) of section 209: Provided further that in the case to which Clauses (b) and (c) apply only such land shall be allotted to such tenure holder as shall be sufficient to bring the total area held by him to 6/1/4 acres. (2) any person aggrieved by an order of the Gaon Sabha passed under sub-section (1) may file an appeal to the Sub-Divisional Officer who shall hear and decide the same in such manner as may be pre­scribed." ;