N.S.RAVI - (1.) THIS revision has arisen out of an order passed by Additional Commissioner I, Jhansi Division, Jhansi on 29-12-95 in Revision No. 178/88/92-93 by which the learned Additional Commissioner has upheld the order passed by the Collector Lalitpur dated 2-6-1992 in a patta cancellation suit No. 12/91-92 under Section 198(4) of the U.P. Z.A. and L.R. Act.
(2.) BY the impugned order the learned Collector has cancelled the patta of the revisionist in the ground that the procedure laid by rules for allotment of agricultural land was not followed and that the revisionist was real brother of the then Gram Pradhan/Chairman L.M.C. and no prior permission under Section 29-C of the U.P. Panchayat Raj Act was obtained for allotment of land. The learned Additional Commissioner also observed that the procedure was not followed in the alleged allotment. Aggrieved by these two orders the instant revision has been filed on the ground that no notice to L.M.C. was issued by the trial Court and therefore the order of the trial Court and subsequently the revisional Court bad in law there was no necessity to obtain the prior permission of the Collector for allotment of the land because the allottee was neither Pradhan nor Member of the Gaon Sabha; and that he was agricultural labourer because at the time of allotment including the land allotted; he was having less than 3.125 acres of land. I have heard the arguments of both the parties through their learned counsels and gone through the case files of the Courts below.
(3.) IN the trial Court's file copies of agenda; Munadi and resolution passed by the L.M.C. as well as the extracts of khatauni pertaining to the allottees are on file. The agenda issued says that a meeting of the L.M.C. will be held on 17-12-86 Wednesday at 10 a.m. on which date this agenda has been issued is not clear. Copy of Munadi dated 16-12-86 says that a meeting of the L.M.C. will be held on 17-12-86 at 10 a.m. Therefore it is clear that the agenda and Munadi for meeting of the L.M.C. was issued only one day prior to the proposed allottee. Copy of the resolution passed by the L.M.C. in the said meeting on 17-12-86 reveal that the L.M.C. has resolved to allot agricultural land to the person who have adopted Family Planning Programme. Further it reveals that out of the seven proposed beneficiaries four were near relatives (Bhai, Bhatija) of the Gram Pradhan. Copy of extract of khatauni also reveal that the proposed allottees were having agricultural land recorded in their names as bhumidhar in village Suruwa and Jamun Dhana Khurd. The notice issued to the revisionist is dated 12-11-91 i.e. within time limit prescribed by law for taking action under Section 198(4) of the U.P.Z.A. and L.R. Act. Apart from other grounds for issuing the said notice one of the ground is that the parties were not sanctioned in accordance with rules and that he was not landless agricultural labourer at that time. Section 198 prescribes for the order of preference in admitting persons to the land under Sections 195 and 197 is as follows: (a) landless widow, sons, unmarried daughters or persons residing in the circle of a person who has lost his life by enemy action while in active service in the Armed Forces of the Union; (b) a person residing in the circle, who has become wholly disabled by enemy action while in active service in the Armed Forces of the Union; (c) a landless agricultural labourer residing in the circle and belonging to a Scheduled Caste or Scheduled Tribe; (cc) any charitable institution established by a person belonging to a Scheduled Castes or Scheduled Tribes for the welfare of Scheduled Castes or Scheduled Tribes or landless agricultural labourer residing in the circle on such terms and conditions and for such purposes as may be prescribed; (d) any other landless agricultural labourer residing in the circle; (e) a bhumidhar or asami residing in the circle and holding landless than 1.26 hectares (3.125 acres); (f) a landless person residing in the circle who is retired, released or discharged from service other than service as an officer in the Armed Forces of the Union; (g) a landless freedom fighter residing in the circle who has not been granted political pension; (h) any educational institution situated within the terminal area of the Kshetra Panchayat as established by a persons belonging to a Scheduled Castes or Scheduled Tribes on such term and condition as may be prescribed. The section also defines the term 'landless' and 'agricultural labourer' as follows: (1) 'landless' refers to a person who or whose spouse or minor children hold no land as bhumidhar or asami, and also held no land as such within two years immediately preceding the date of allotment; and (2) 'agricultural labourer' means a person whose main source of livelihood is agricultural labour. ;