VISHRAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri M.P. Yadav, learned counsel for the petitioner and Sunil Kumar Singh, learned counsel for Gram Sabha.

(2.) Learned counsel for the petitioner has filed this petition assailing order dated 27.02.2020 passed by learned Additional Collector (Finance/Revenue), Kaushambi taking the matter in suo-moto revision registering as Revision No. 166 of 2017-18 to the effect that land in question contained in 846 min measuring 0.171 hectares and 0.06 hectares was allotted to one Vishram Chaubey, resident of Village Mohammadpur Aswan, Pargana and Tehsil Chail, District Kaushambi, but prior to allotment made in favour of the present petitioner, same piece of land was allotted in favour of various persons for construction of houses. A dispute arose in regard to possession of the land between the earlier allottee and the present petitioner, when matter come to the knowledge of Additional Collector and he held that subsequent allotment, which was made in favour of the petitioner was void ab initio inasmuch as same land was earlier allotted in favour of various beneficiaries for construction of house vide order dated 27.07.2002 whereas patta in favour of the petitioner was issued on 17.08.2006.

(3.) Additional Collector held that since earlier order of allotment was neither superseded nor taken into consideration while passing order dated 17.08.2006 in favour of the petitioners, it will be treated to be non est and earlier order shall have precedence over the subsequent order and allotment.