- (1.) THIS petition questions the validity of the order passed by the Collector Agra dated 31st July, 2002, whereby the allotment of Plot No. 474, area 0.980 hectare of village Artauni, Tehsil Sadar, District Agra, has been cancelled.
(2.) THE petition was admitted and a stay order was passed on 16.8.2002. It was nominated to this bench by the orders of the then Senior Judge dated 12.5.2012. The Land Management Committee - Respondent No. 2, filed an affidavit supporting the cause of the petitioner. The respondent No. 3 had made a complaint with regard to this allotment in favour of the petitioner. This complaint was made on 11.1.2002 whereafter a report was called for in this regard. It transpires that the allotment is stated to have been made pursuant to an agenda circulated on 19th July, 1999. According to the petitioner, a resolution was passed on 29th July, 1999 by the Land Management Committee that had conducted bids against which offers were received and the highest offer that being of the petitioner being Rs. 50,000/ -, the same was accepted coupled with the condition of payment of an annual rent of the lease which was to continue for 30 years.
(3.) THE Sub -Divisional Officer is said to have approved the said settlement in favour of the petitioner vide order dated 14.10.1999 and accordingly the lease was issued by the Gram Pradhan in C.H. Form 49 -Cha. The approval of the Sub -Divisional Officer is endorsed in the revenue record of 1406/1407 fasli which refers to the date of approval as 14.10.1999. Copy of the revenue extract has been filed as Annexure 5 to the writ petition. The lease document in the appropriate form was issued by the competent authority on 26.10.1999. Since the respondent - Land Management Committee had been supporting the cause of the petitioner by filing a counter affidavit through the Gram Pradhan, Smt. Urmila, this Court had after hearing the matter on 10.12.2013, passed the following order: - "Heard Sri Ravi Kant learned Senior Counsel for the petitioner, Sri Rajesh Kumar learned Standing Counsel and Sri Rajeev Mishra for the respondent no. 3. This matter had been earlier heard and while going through the records vide order dated 6.7.2012, it was found that the Gaon Sabha was supporting the cause of the petitioner but the State was contesting the said position. In order to clarify the same the State Government was called upon to get an affidavit filed. In response an affidavit of Mr. Sanjiv Ojha, Tehsildar, Agra was filed in January,2013. In paras 3 and 8 of the said affidavit the State has taken a categorical stand that Annexure 12 to the writ petition which is a Government Order dated 9.5.1984 does not fall within the purview of Section 126 of the U.P. Z.A. and L.R. Act, 1950. Sri Ravi Kant submits that the aforesaid stand is contrary to the statute itself coupled with the recital contained in Rule 115 -A of the U.P. Z.A. and L.R. Rules, 1952. This issue therefore has to be dealt with keeping in view the stand taken in the counter affidavit and prima faice the aforesaid provisions read with the caption of the Government Order dated 9.5.1984 indicates that the instructions that have been issued under the aforesaid Government Order, are relatable to the settlement and management of Gaon Sabha land, either vested in the Gaon Sabha under the Ceiling on Land Holdings Act or otherwise government land. Section 126 read with Rule 115 -A therefore has to be considered. Sri Rajesh Kumar, learned standing counsel prays for further time to study the matter and assist the court on this issue. The matter is adjourned for today. Put up on Tuesday next i.e. 17.12.2013.";