- (1.) THIS is a writ petition in which the Court is not inclined to interfere with the order of the Collector, Jhansi dated 11 November, 1983, ap pended as Annexure *5' to the writ petition.
(2.) THE order was rendered in Case No. 9 of 1982-83 in the matter of State v. Brij Kishore, of matters under Section 122-C of the Zamindari Abolition and Land Reforms Act, 1950. The issue came to the Court of the Collector when it was found out that an allocation had been made in favour of the petitioner otherwise than in accordance with law. The petitioner received in allotment of land in village Garautha Khas on plot No. 397. The basis of procuring the allotment was that the petitioner declared himself to be a landless agricultural labourer. Enquiries made at the behest of the Collector reveals that the petitioner was otherwise resident in a neighbouring village of Karokhar and had been recorded in the voter list of this village and was not resident of Garautha Khas. The Collector further found out, and the petitioner ultimately had to acknowledge before the court of Collector that in fact he was not a landless agricultural labourer, but in fact was an Advocate and in the very village in which he procured an allotment as a landless agricultural labourer, he and his family had lands. The proceedings before the court of the Collector in Case No. 9/82-83 can best be ap preciated on being reproduced :
(3.) THE less the High Court comments on the conduct of the petitioner as an Advocate, the better it would be for him, suffice it to say, that the conduct of the petitioner is unbecoming that of a lawyer or an Advocate. He has misrepresented facts to procure a favour from the State, to which he was otherwise not entitled. THE petitioner has further misutilised the equity jurisdiction of the High Court in seeking a writ of certiorari by contending that the order of the Collector, Jhansi, is incorrect. In fact it is the other way round as the petitioner is not entitled to any indulgence from the High Court and equity is against him. The court is not inclined to interfere in the present writ petition but would go even to the extent by recording that the Collector may give an indulgence to the petitioner to vacate possession from the plot in question on or before 30 June, 1996, failing which the house which has been built by the petitioner on the plot which he procured on a misrepresentation, shall be demolished by the Collector, Jhansi, forthwith after 30 June, 1996.;