W. Broome, J. - (1.) This writ petition challenges an order passed by the S.D.O., Jansath (district Muzaffarnagar) on May 3, 1961 (Annexure C), rejecting certain objections filed by the petitioners to allotments of land made by the Land Management Committee of Mandaur on the ground that a similar objection involving the same facts had already been dismissed.
(2.) The impugned order is clearly erroneous, being based on a misconception, for the other objection, the dismissal of which served as a basis for the dismissal of the petitioners' objection, raised quite different points. That other objection had been filed by Qabool Singh (petitioner no. 6) in his individual capacity claiming that a certain piece of land allotted by the Land Management Committee to someone else actually belonged to him. The objection filed by the petitioners jointly as members of the land Management Committee, however, assailed the allotment on the ground that the procedure adopted for convening the meeting at which the allotment was made was irregular, since proper notices were not sent to all the members and no proper announcement was made about the meeting. On the merits therefore this petition must succeed, because the S.D.O. has unjustifiably refused to give proper consideration to the petitioners' objections.
(3.) Learned counsel for the contesting respondents (the Pradhan Bhim Sen and the allottee's who are said to be his relations) has argued, however, that this writ petition is not maintainable. In the first place, he contends that the petitioners had the alternative remedy of filing a revision to the Board of Revenue under Section 333 of the Z.A. and L.R. Act; secondly he argues that constructions having been made by the allottee's on the land allotted to them, the allotment made in their favour should not be disturbed, and thirdly he maintains that rule 115-N of the Z.A. and L.R. Rules, under which the S.D.O. is being asked to consider the petitioner's objections against the allotments made by the Land Management Committee, is ultra vires.;