Anjani Kumar Mishra, J. - (1.) Heard Shri Anurag Pathak, learned Counsel for the petitioner. Shri Brij Kumar Yadav has accepted notice on behalf of Land Management Committee, respondent No. 5 and Shri R. Singh, learned Counsel for the State respondent. The case of the petitioner in the instant writ petition is that there are about 17 Hectares of Gaon Sabha land which is fit for allotment to landless agricultural labours who are entitled to such allotment. The Gaon Sabha on account of certain vested interests was not making allotment of such land and therefore, a writ petition was filed being writ petition No. 9113 of 2014. This writ petition was disposed of by an order dated 19.2.2014 which is quoted below: "Heard Sri Anurag Pathak along with Sri Ashutosh Kumar, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Brij Kumar Yadav, learned Counsel for the Gaon Sabha. This writ petition has been filed with the following prayer: - - (i) To issue a writ, order or direction in the nature of mandamus commanding the respondents to convene and hold the meeting of the Land Management Committee Bharamau Kanpur Dehat, which was earlier scheduled to held 22.12.2013. (ii) To issue a writ, order or direction which this Hon'ble Court may deem fit and proper under the Acts and circumstances of the case. (iii) To award the cost to the petitioner. It is contended by learned Counsel for the petitioner that in the agenda dated 13.12.2013, the meeting of the Land Management Committee was scheduled to be held on 22.12.2013 for grant of agricultural lease but on the scheduled date, no meeting was held. The petitioner has made a complaint on the Tehsil Diwas. There, it was informed that due to illness of his wife, the Pradhan is on leave. Learned Counsel for the petitioner contends that thereafter no meeting has been held. Learned Standing Counsel appearing for the State has invited attention of the Court towards sub -Rule 9 of Rule 110 of U.P. Zamindari Abolition and Land Reforms Rules, 1952, which reads as under: - - (9) The Land Management Committee may meet at such intervals as may be deemed expedient, but not less than three times in a year, to transact its business. It must, however meet once between May 15 and June 15 for taking decisions regarding letting out of land in good time before the start of the next Fasli year. The accounts, registers and the up to date records of all the property of the Land Management Committee shall be put up at least twice a year before the Committee for its information. Learned Standing Counsel has further contended that in the event, the Land Management Committee fails to discharge its functions imposed or assigned upon it in view of the provisions contained in Sec. 127 of U.P. Zamindari Abolition and Land Reforms Act, 1950, it is the State Government which can make such incidental and consequential provisions as may appear to be necessary for this purpose provided the State Government is satisfied that the Land Management Committee is failing in discharging its duties imposed upon it. Learned Counsel appearing for the petitioner, taking shelter of the power conferred to the State Government under Sec. 95(1 -g) of the U.P. Panchayat Raj Act, submits that there the power of State Government has been delegated to the Collector. Therefore in this case also, in case, if there appears to be failure of the duties imposed upon the Land Management Committee of the concerned village Panchayat in view of sub -section 2 of Sec. 127 of the Act, the District Magistrate may be directed to consider the grievance of the petitioner. Considering the facts and circumstances of the case, it is provided that for redressal of his grievance, the petitioner may file an application before the Collector. In case, such an application is filed, needful be done in accordance with law by passing a reasoned order by the Collector within a period of two months from the date of filing of such application after hearing concerned Gaon Sabha. The writ petition is disposed of."
(2.) The learned Counsel for the petitioner submits that in pursuance of the directions of the Court, no action was taken, therefore, a contempt application was filed whereupon a meeting of the Gaon Sabha was held and about two Hectares of the land was allotted. No allotment was made as regards the remaining land. The resolution passed in this regard on 15.4.2015 is available on record and I have perused the same. Such perusal reveals that a resolution has been passed that the availability of other vacant land be examined and proposals of its allotment be considered in the next meeting of the Land Management Committee. In this context, the learned Counsel for the petitioner has referred to sub -Rule (9) of Rule 110 of the rules framed under the Act. This rule makes it mandatory for the Land Management Committee to meet once between May 15 each year and June 15 for taking decisions regarding letting out of land, in good time, before the start of the next Fasli year.
(3.) It is therefore, clear that meetings, with regard to allotment of vacant land of the Gaon Sabha, must necessarily be held between May 15 and June 15 every year.;