RAM NAUMEE Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-2011-4-288
HIGH COURT OF ALLAHABAD
Decided on April 01,2011

RAM NAUMEE Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

PRAKASH KRISHNA, J. - (1.) ARAZI No.8 area 200 hectare situate in Village Makdumpur District Mau is the subject matter of the present writ petition. The said plot was earmarked as pasture land in the revenue record.
(2.) THE grievance of the petitioner is that the respondents have unauthorizedly allotted the said plot to the contesting respondent no. 6 Smt.Dulari W/o Shanker. An application for cancellation of allotment of the aforesaid plot in favour of Smt. Dulari was filed by certain persons including the petitioner before the Upper Collector, Mau.
(3.) THE application was filed on the ground that the petitioner is a poor Harizan Agricultural Labourer. The land in question being pasture land which is public utility land, could not have been allotted to the contesting respondent. It was further stated that the Revenue Inspector intentionally submitted a false report dated 2.5.1996 by changing the land use of the said plot. The lease was given to the contesting respondent without there being any public notice etc. in a clandestine manner. The application has been dismissed by the order dated 23.10.2004 on the ground that lease was granted in the year 1996 and the application for its cancellation was filed in the year 2001 I.e beyond three years; the period prescribed for filing an application for cancellation of a lease, by an aggrieved person. The matter was carried in revision No.348/426/B of 2004 before the Additional Commissioner(1st) Azamgarh Division, Azamgarh who by his order dated 19.10.2006 confirmed the order and the said revision was dismissed.;


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