- (1.) Heard Shri Vijay Kumar, learned counsel for the petitioners, Shri M.C. Singh, learned counsel for respondent no.3 and the learned Standing Counsel for the State.
(2.) This matter was heard at length on 11.8.2014 and the following order was passed: "Heard the learned counsel for the petitioners. The petitioners were allotted patta of agricultural land in pursuance of the resolution of the Land Management Committee dated 10.10.1986 after the approval by the Sub-divisional Magistrate dated 21.2.1987. Certain complaints were made by the respondents herein that the allottees were not landless agricultural labourers. Based on the aforesaid complaint, the patta was cancelled by the Additional Collector by order dated 24.8.1999. A revision was filed against the order of cancellation of the patta, which was also dismissed by order dated 5.12.2000. Being aggrieved, the petitioners filed this writ petition challenging the aforesaid orders. The contention of the learned counsel for the petitioners is that though the finding has been recorded in the cancellation order that the petitioners are not landless agricultural labourers, but there is no material to support the same. The report of the Tehsildar in favour of the petitioners has also not been considered. Learned counsel for the respondent no.3, on the other hand, submits that not only the petitioners have land in excess of 1.26 hectares but even otherwise, they do not fall in the preferential order of allottees under section 198 of U.P.Z.A.& L.R. Act. As most of the petitioners do not belong to the category of scheduled castes and are not landless agricultural labourers, therefore, they could not have been given the patta in preference to other persons belonging to the scheduled castes. The officers of the State have passed the impugned order but have not filed counter affidavit, though this case is pending before the court for the past 14 years. In view of the submissions made above, it is necessary that the records be summoned from the respondents and they be asked to file a counter affidavit so as to enable the Court to ascertain firstly, as to whether the petitioners possessed land in excess of 1.26 hectares; secondly, as to whether at the time of allotment of patta there were other categories of landless agricultural labourers who could have been given preference vis-a-vis petitioners in such matters, in view of the provisions of section 198 of the U.P.Z.A. & L.R. Act. Learned Standing Counsel prays for and is granted two weeks' time to file counter affidavit subject to payment of Rs.10,000/- as costs to be deposited by the next date. Respondent no.7 shall file the affidavit in reply to the averment made in the writ petition annexing all the relevant records and shall produce the relevant records on the next date. List/put up this case as an unlisted matter on 25.8.2014. A copy of this order shall be provided to the learned Standing Counsel within 48 hours."
(3.) In pursuance thereto a counter affidavit was filed on behalf of respondent no.7 and the records were also produced on the next date, i.e., 28.8.2014 and the following order was passed on the said date: "List this case on 18.09.2014. On the next date, learned standing counsel shall produce the complete records, which were available before the Additional Collector, who cancelled the allotment vide order dated 24.08.1999, as also the records, which were available before the revisional authority, which passed the order dated 05.12.2000, so as to ascertain that there was any such evidence before the said authorities to justify the observations contained in the impugned orders or not. Records pertaining to allotment shall also be produced before this court. A counter affidavit filed by the respondent No.3 on 29.05.2014 is not on record. A rejoinder affidavit filed by the petitioner on 17.07.2014 is also not on record. Office is directed to trace the aforesaid affidavits and place the same on record. The original order sheet of the case as ordered by the earlier order shall also be placed on record.";