- (1.) Heard learned counsel for the petitioners.
(2.) The petitioners are questioning the correctness of the order dated 30.8.2008 as well as the order passed in revision by the learned Addl. Commissioner affirming the same whereby the allotment of housing site in favour of the petitioner has been cancelled and it has been held that a public utility land namely Khalihan could not have been allotted for Abadi site to the petitioner.
(3.) The petitioners have raised a challenge that the orders are without jurisdiction inasmuch as this is an allotment under Section 122-C for Abadi and, as such, the cancellation could not have been made in the manner as has been done as the notice was issued under Section 198 (4) of the U.P. Zamindari Abolition & Land Reforms Act, 1950. The second ground of challenge is that the allotment could have been made out of public utility land under Section 122-C (1) (d) of the 1950 Act and in such circumstances this conclusion that the land of Khalihan which is a public utility land could not have been allotted is erroneous.;