Krishna Murari, J. - (1.) Heard Sri S.S. Nigam, learned Counsel for the petitioners, learned Standing Counsel for respondent Nos. 1 to 3 and Sri Sriprakash Singh appearing for respondent Nos. 4 to 11.
(2.) The Petitioners claim to be the allottee of certain land made by the Land Management committed vide resolution dated 22.6.1976. The resolution was duly approved by the Sub Divisional Officer vide order dated 2.7.1976. An application under section 198 of U.P.Z.A. and L.R Act for cancellation of the allotment made in favour of the petitioners was filed by the contesting respondent Nos. 4 to 11 on the ground that the land in dispute was already allotted to them vide resolution dated 1.12.1975 and as such it was not available for being allotted to the petitioners in 1976. On this application filed by the contenting respondents, a report was called for, Nayb Tehsildar submitted a report dated 17.7.1976 mentioning therein that the resolution dated 31.12.1975 by whit h the contesting respondent Nos. 4 to 11 claimed to have been allotted land was not reproved by the Sub Divisional Officer on the ground that there was illegality in the allotment proceeding and the name of many person was included in the resolution afterwards. The respondent No. 3 after considering the report and other evidence rejected the application filed by the respondents. Against which a revision was filed before the Additional Commissioner, Meerut Division, Meerut which was also dismissed on 3.1.1976. Feeling aggrieved the contesting respondents field a second revision before the Board of Revenue which was allowed vide impugned order dated 8.1.1979. Against which the present writ petition has been preferred.
(3.) The Board of Revenue allowed the revision on the ground that since on proceeding for cancellation of allotment made in favour of the contestant respondents vide resolution dated 31.12.1975 was undertaken and the allotment made in their favour was not cancelled as such no fresh allotment could have been made by the Land Management Committee in respect of the said land. The Board of Revenue further directed the Collector to the suo motto action regarding cancellation of allotment made on 31.12.1975 in favour of the contesting respondents if considered necessary.;