- (1.) This case is pending for the last 26 years and this is also surprising that despite repeated opportunities, respondents 1 to 3 have not filed any counter affidavit. Even respondent No. 4, who was issued notice and this Court by order dated 25.7.2012 has deemed the notice sufficient, has not chosen to put in appearance or file any counter affidavit. In the circumstances, I have proceeded to hear and decide this case. Heard learned Counsel for petitioner and learned Standing Counsel. This writ petition is directed against the order dated 3.2.1984 passed by Addl. District Judge (Finance and Revenue) cancelling lease of petitioner granted under the provisions of U.P. Bhoodan Yagna Act, 1952 (hereinafter referred to as "Act, 1952"), on the ground that petitioner did not belong to Village Zamon and, therefore, could not have been granted lease since under the statute, the lease ought to have been granted to a resident of the same village but ignoring eligible persons of the Village Zamon, it was granted to petitioner.
(2.) However, in the show cause notice, copy whereof has been filed as Annexure 2 to writ petition, name of no such person has been given who was found resident of village Zamon, eligible for grant of lease, but was ignored by Gram Sabha. It is said that there was no such person hence the lease was granted to petitioner who was not resident of that village. The impugned order does not show any thing to discredit the petitioner's above claim.
(3.) The aforesaid order has also been confirmed by the Commissioner by dismissing petitioner's revision but therein also nothing has been said about this aspect.;