Ram Surat Ram (Maurya), J. - (1.) HEARD Sri Deepak Kumar Jaiswal, for the petitioner and Standing Counsel, for State of U.P. and Sri Ashish Kumar Srivastav, Standing Counsel for Gram Panchayat and Sri R.K. Yadav, for respondents. This writ petition has been filed for quashing the orders of Collector dated 16.8.2013, cancelling Patta of the petitioner and directing to delete his name from the land in dispute and record it in the name of Gaon Sabha and Additional Commissioner dated 20.3.2014, dismissing the revision of the petitioner against the aforesaid order, arising out of proceeding under section 198(4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).
(2.) THE dispute is in respect of plots 1193 (area 0.405 hectare) and 1330 (area 0.809 hectare), situated in village Kilhorpanchha, pargana Ghiror, district Mainpuri. The petitioner claimed that land in dispute was allotted to him by Land Management Committee on 1.11.1981, which was approved by Sub -Divisional Officer on 24.2.1982. Rajendra Singh (respondent -5) filed an application (registered as Case No. 674 of 2012 -13) under section 198(4) of Act, for deleting the name of the petitioner from the land in dispute. It was stated by Rajendra Singh that land in dispute was in his possession through out. The petitioner is resident of out side the circle of village and has no concern with the land in dispute. On 2.7.2001, the petitioner came on the spot and began to assert his right over it on the basis of patta granted by Land Management Committee although he has no patta nor he comes in the eligibility criteria. On the aforesaid application, the Collector called for a report from Sub -Divisional Officer, who submitted his report dated 17.10.2001, stating therein that the petitioner was resident of village Nagla Kehti, which is out side the circle of village Kilhorpanchha. Neither the petitioner nor any of his relation was resident of village Kilhorpanchha. There is no record in the Tahsil relating to patta being granted to the petitioner of the land in dispute nor he was in possession of it. On the aforesaid report, the Collector took cognizance on 13.7.2003 and issued show -cause notice to the petitioner. The petitioner appeared before the Collector and filed his objection dated 9.9.2004, stating therein that he was granted patta of the land in dispute in the year 1983, which was approved by Sub -Divisional Officer. The proceeding under section 198(4) of the Act was initiated on 9.7.2001 although period of limitation as provided under section 198(6) of the Act was seven years as such the application be dismissed as time barred. Additional Collector by order dated 28.3.2009 rejected the objection of the petitioner. The petitioner filed an application for recall of the aforesaid order which was rejected by order dated 18.2.2011. Thereafter, the petitioner filed a revision against the aforesaid order, which was dismissed by Additional Commissioner by order dated 28.8.2012 as 'not pressed'. Thereafter, the matter was heard by the Collector. On behalf of the State, Lekhpal was examined and the petitioner himself was examined. The Collector, by the order dated 16.8.2013 found that the petitioner was resident of village Ruhaila Aghar falling in block Jagir, tahsil Bhogaon while village Kilhorpanchha was in tahsil Mainpuri. There is no record available in tahsil relating to the allotment of the land in dispute to the petitioner. The petitioner, in his statement could not state, the boundary of the land in dispute, which shows that he was not in possession of it. There was 5.133 hectare land in the name of the father of the petitioner, in which he had 1/2 share. The petitioner was not in eligibility criteria for allotment of the land in dispute. On these findings, patta of the petitioner was cancelled and his name was directed to be deleted from the land in dispute and it was recorded as Gaon Sabha land. The petitioner filed a revision against aforesaid order, which was dismissed by Additional Commissioner, by order dated 20.3.2014. Hence this writ petition has been filed.
(3.) WHEN the writ petition was heard as fresh case on 29.5.2014, the petitioner was directed to file copy of the patta granted to him. The petitioner filed a Supplementary Affidavit sworn on 9.7.2014, stating therein that he is unable to file copy of the patta. Along with Supplementary Affidavit, the petitioner filed a copy of khatauni 1383 -F -1392 -F, showing that his name was mutated over plots 1193 and 1330 at serial No. 41. In this Supplementary -Affidavit, he has stated that land in dispute was allotted to him on 1.11.1981, which was approved on 24.2.1982, in which total 277 pattas were granted. In pursuance of the approval granted by Sub -Divisional Officer, his name was mutated at serial No. 41. He submitted that Lekhpal Harnam Singh, in his statement, recorded in Case No. 15 of 2009 -10 Maharaj Singh v. Om Prakash has proved granting of patta by Land Management Committee on 1.11.1981 and approval by Sub -Divisional Officer on 24.2.1982. He has stated that up to serial No. 133, he made endorsement in the khatauni. He also filed a copy of the order of the Collector dated 19.7.2013 in Case No. 124 of 2011 -12, in which it has been held that there was no irregularity in patta granted in 1982.;