- (1.) M. Katju, J. This writ petition has been filed for a writ of certiorari for quashing the impugned order dated 22-7-1978 Annexure 1 to the writ petition and for a mandamus directing the respondents not to interfere with the possession of the petitioner over the land in dispute.
(2.) IN this case on 24-7-1990 the Court granted the Standing Counsel one month's time to file counter- affidavit. Thereafter on 8-11-1990 one month further time was granted to file counter- affidavit but no counter-affidavit has been filed so far. Hence we treat the allegations in the petition to be correct. It is alleged in paragraph 3 of the writ petition that the petitioner was landless agricultural labourer having no land either in his own name or in the name of his dependents and as such the respondent No. 3 allotted four plots of land of 9. 5 bighas under Section 14 of the Bhoodan Yagna Act, 1952 and thereafter the petitioner was put possession over the same. In paragraph 10 of the petition it is stated that notice was given to the petitioner under Section 198 (4) of the U. P. Zamindari Abolition and Land Reforms Act to which the petitioner sent a reply. Thereafter the impugned order was passed cancelling the grant of lease on 22-7-1978 vide Annexure 1 to the writ petition. Aggrieved this petition has been filed.
(3.) IN this case by an interim order of the Court dated 24-7-1990 operation of the impugned order had been stayed and hence the petitioner has continued possession over the land. However, a perusal of the impugned order shows that the petitioner's patta has been cancelled on the ground that his father has about 34 bighas land and hence the petitioner was not eligible. The allegation in paragraph 3 of the petition that the petitioner has no land has not been rebutted as no counter- affidavit has been filed.;