- (1.) HEARD Sri Sri AK 'Bais', learned counsel for the petitioner, Sri Arun Kumar Srivastava , appearing for the Gaon Sabha (respondent no. 3), and the learned Standing Counsel for State -respondents.
(2.) IT has been contended that the petitioner was allotted land by the Gaon Sabha. Subsequently, on account of manipulation by the revenue authorities, an endorsement was made in the khatauni that the petitioner is not the resident of the village concerned; therefore, the name of the petitioner be expunged and the land be recorded in the name of the Gaon Sabha.
(3.) AGAINST the said order/endorsement, the petitioner appears to have filed an application under section 186 of the UP Zamindari Abolition and Land Reforms Act. This application was rejected on the ground that the case did not fall within the purview of section 186 of the Act. This order has been affirmed in revision. Learned counsel for the petitioner submits that, in fact, the so -called application under section 186 was a recall application as the name of the petitioner had been expunged and, for all practical purposes, the allotment in favour of the petitioner was cancelled without following the procedure prescribed under section 198(4) of the Act. He further submitted? that mere mention of wrong section is not fatal and the court should have considered the matter on its merits.;