Ashok Bhushan, J. - (1.) Heard Counsel for the petitioner and the learned Standing Counsel.
(2.) By this writ petition, the petitioner has prayed for quashing of the orders dated 12.6.2003 and 24.6.2003 passed by Additional Commissioner, Allahabad Division, Allahabad and the order passed by Additional District Magistrate (Finance and Revenue). The petitioner claims to be Educational Institution who claims allotment of plot No. 1011-Kha. An application was filed for cancellation of the lease under Section 198(4) which was allowed by Additional Collector. It was held by Additional Collector that institution do not come in any of the categories as mentioned under Section 198(1) of the U.P. Zamindari Abolition and Land Reforms Act to whom lease can be granted.
(3.) The Counsel for the petitioner contended that Section 198(1) only enumerate the preference and there is no prohibition regarding allotment in favour of Educational Institutions. The Counsel for the petitioner next contended that Patta was cancelled by Additional, District Magistrate (Finance and Revenue) and in view of the Division Bench judgment reported in 1996 RD 190, Shiv Avtar v. Ravi, the Additional Collector does not mean Collector and the Additional , Collector has no jurisdiction to cancel the lease.;