Amitav Banerji, J. - (1.) TWO questions have been referred by a learned single Judge. The questions are: 1. Whether a lease executed by Gaon Sabha in contravention of the statutory provisions contained in the U.P. Zamindari Abolition and Land Reforms Act and the rules framed thereunder is void or voidable?
(2.) IN case, it is voidable, do the consolidation authorities have jurisdiction to adjudicate upon its validity? 2. Learned Single Judge has, in his referring order referred to the apparent conflict between the two decisions of this Court, namely, Rasala v. Deputy Director of Consolidation, 1970 AWR 112 and Rameshwar Sahai v. Deputy Director of Consolidation, 1973 AWR 238. In the former case it was held that leases executed in favour of a party by a Gaon Sabha were voidable and it could be cancelled only by the Sub -Divisional Officer under Section 198(3) of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the 'Act'). It was held therein that the consolidation authorities did not have any jurisdiction to cancel the allotment made in favour of the Petitioners of that case, In the latter case, it was held that the consolidation authorities had jurisdiction to go into the question of the validity of the lease deed and cancel the allotment as well. In the instant case the Consolidation Officer passed an order cancelling the allotment suo motu on 24 -2 -1967. It will, therefore, be necessary to consider relevant provisions of the Act, as it existed then.
(3.) SECTION 195 provides that the Land Management Committee shall have the right to admit a person as sirdar to certain lands enumerated therein Similarly, Section 197 provides that the Land Management Committee shall have the right to admit any person as Asami to the lands mentioned therein, which need not be enumerated here. Section 198 provides for the order of preference in admitting persons to land under Sections 195 or 197. The relevant provision of Section 198 reads as follows: * * * * *;