S.K.Singh, J. - (1.) This petition has been filed against the order passed by the Additional Collector/Additional District Magistrate (Finance and Revenue), Jyotiba Phule Nagar dated 21.3.2001 by which the allotment, as was made in favour of the petitioners for housing site, was cancelled and it was directed that the land will stand restored back in Gaon Sabha.
(2.) A preliminary objection has been raised on behalf of the Gaon Sabha by Sri Anuj Kumar who appeared on behalf of respondent No. 2 that the writ petition as has been filed by the petitioners should not be entertained as they have an alternative remedy to approach the revisional jurisdiction of the Addl. Commissioner/Board of Revenue.
(3.) Learned counsel for the petitioners having placed reliance on the provisions as contained in Section 122C, sub-clause (7) of U.P.Z.A. and L.R. Act (hereinafter referred to as the Act) argued that every order passed by the Assistant Collector under sub-section (4) shall subject to the provisions of subsection (6), shall be final and the provisions of Section 333 and Section 333A shall not apply thereto. The provisions of Section 122C of the Act is hereby quoted below : "122C. Allotment of land for housing site for members of Scheduled Castes, agricultural labourers etc. (1) The Assistant Collector in charge of the sub-division of his own motion or on the resolution of the Land Management Committee, may earmark any of the following classes of land for the provisions of abadi sites for the members of the Scheduled Castes and the Scheduled Tribes and agricultural labourers and the village artisans." (4) If the Assistant Collector in charge of the sub-division is satisfied that the Land Management Committee has failed to discharge its duties or to perform its functions under sub-section (2) or it is otherwise necessary or expedient so to do. he may himself allot such land in accordance with the provisions of sub-section (3). (6) The Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land under this section inquire in the manner prescribed into such allotment, and if he is satisfied that the allotment is irregular, he may cancel the allotment and thereupon the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease. (7) Every order passed by the Assistant Collector under sub-section (4) shall, subject to the provisions of subsection (6) and every order passed by the Collector under sub-section (6) shall be final, and the provisions of Section 333 and Section 333A shall not apply in relation thereto.";