RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Gaurav Sisodia, for the petitioner and Standing Counsel, for State of U.P. and Sri Amresh Singh, Standing Counsel for Gram Panchayat.
(2.) THE writ petition has been filed against the orders of Additional Collector, dated 29.09.2001, cancelling the patta of the petitioner in proceeding under Section 198 (4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act) and Additional Commissioner, dated 26.09.2014, dismissing the revision of the petitioner.
(3.) ON the complaints made by the villagers, an inquiry was conducted by Tahsildar, who submitted a report dated 26.07.1998 for cancellation of the patta dated 28.11.1997 of the petitioner and two other persons, stating therein that Land Management Committee did not pass any resolution for allotment of the land to the petitioner and the alleged resolution dated 28.10.1997 was fabricated by Lekhpal and approval/patta dated 28.11.1997 was granted on its basis to the petitioner, cases under Section 198 (4) of the Act were initiated against the petitioner, Ram Prasad and Smt. Sukhdei, which is now numbered as Case No. 32 of 2001. On the notice being served, the petitioner filed his reply on 17.04.1999. It was stated by the petitioner that Land Management Committee of the village Himmatpur Taharpur has held meeting for allotment of the land on 28.10.1997, in which a resolution was passed for allotting plots 36 (area 0.036 hectare), 37/354 (area 0.006 hectare) and 123/1 (area 0.228 hectare) to him. Lekhpal submitted his report relating to resolution and other papers. On being satisfied Sub -Divisional Officer approved the resolution and patta was granted to the petitioner on 28.11.1997. His names was also mutated in the khatauni and he was in possession of the land allotted to him. Before Additional Collector, on behalf of State and Gram Panchayat Ram Bahadur (Member), Balli Ram (Lekhpal), Shahida Begum (Pradhan) and Ayaz Mohammad (Member) were examined and photostat copy of Proceeding Register of Gram Panchayat was filed. The petitioner filed documentary evidence and examined Dwarika Prasad, Kalicharan (Chaukidar), Chandra Babu, Ram Prasad and Jamuna Prasad (Lekhpal). Additional Collector, after hearing the parties by order dated 29.09.2001 found that Pradhan in her statement has stated that after being elected as Pradhan, she conducted three meetings of Land Management Committee, first meeting was adjourned for want of coram, in second meeting land was allotted for construction of building of Primary School and in third meeting 12 persons were allotted land for house sites. Alleged meeting dated 28.10.1997 was neither called by her nor it was held in the village. In the resolution, her signatures have been fabricated. Statement of Pradhan was fully corroborated by two members of Land Management Committee. There was no reason for these witnesses to give false statement against the petitioner. As such, it was found that no meeting for allotment of the land was held on 28.10.1997 by Land Management Committee and the papers relating to meeting and allotment of the land has been fabricated by the then Lekhpal, on which approval was granted on 28.11.1997. On these findings patta of the petitioner and Ram Prasad and Smt. Sukhdei were cancelled. The petitioner filed a revision (registered as Revision No. 45/13/3/12,13) against the aforesaid order. The revision was heard by Additional Commissioner, who by judgment dated 26.09.2014, confirmed the findings of Additional Collector and dismissed the revision. Hence this writ petition has been filed.;