- (1.) Heard learned Counsel for the petitioner and learned standing counsel for the respondents. The dispute relates to plot No. 104 area 0.16 acre and plot No. 910 area 0.10 acre (total area 0.26 acre = 1260 sq. yard). Initially these plots were entered as banjar and navin parti. Petitioner claims that he was having his house over the plots in dispute since long. Accordingly on the basis of favourable reports given by Lekhpal on 12.7.1992 and Supervisor Kanoongo on 3.8.1992, Sub Divisional Officer passed an order on 3.8.1992 in favour of the Petitioner under Section 123 (1) of U.P. Zamindari Abolition and Land Reforms Act as it stood aft the relevant date which is quoted below: 123. Certain house sites to be settled with existing owner thereof.--(1) With out prejudice to the provisions of Section 9, where any person referred to in Sub-section (3) of Section 122-C has built a house on any land referred to in Sub-section (2) of that Section, not being land reserved for any public purpose, and such house exists on the [30th day of June, 1985], the site of such house shall be held by the owner of the house on terms and conditions as may be prescribed.]
(2.) The favourable reports and order of S.D.O. dated 12.7.1992 and 3.8.1992 are Annexure-3 to the writ petition which is not easily legible.
(3.) Thereafter Gram Pradhan initiated proceedings for cancellation of the above order under Rule 115(P) of U.P.Z.A&L.R. Rules. The matter was registered as Case No. 50 Gram Pradhan v. Ram Preet and was decided against the Petitioner through order dated 15.7.1998 passed by District Magistrate, Maharajganj. The Collector, Maharajganj through order dated 15.7.1998 allowed the case and cancelled the allotment. Rule 115(P) of the U.P.Z.A.&L.R. Rules is quoted below: 115-P. The Collector may, of his own motion or on the application of any person aggrieved by any order of allotment of land under Rule 115-L or 115-M, proceed to make an inquiry in the manner given hereunder. (2) The allottee and Land Management Committee shall be necessary parties to all such cases. From the above it is clear that this Rule applies only to allotment and Section 123 does not deal with allotment but with settlement.;