- (1.) D. K. Seth, J. The petitioner has challenged the order of cancellation of allot ment under sub-section (4) of Section 198 of the U. P. Zamindari Abolition and Land Reforms Act on the ground that no notice to show cause as contemplated under sub-section (5) thereof was given to the petitioner. The learned Counsel for the petitioner points out from the order passed by the revisional authority as well as the Board of Revenue and draws my attention to the relevant portion which he translates at the Bar. It appears that both the said two authorities had held that there is no necessity of giving any opportunity in the present case since the cancel lation was made on the ground that the allotment was obtained by fraud.
(2.) MR. Huda, learned Standing Counsel, on the other hand, contends that the petitioner had sufficient opportunity while prosecuting the revision and the proceedings before the Board of Revenue and after considering the objections and the opportunities which the petitioner had in espousing his objection, the orders having been passed, they cannot be set aside as invalid on the ground of non-com pliance of sub-section (5) of Section 193. A plain reading of Section 198 does not seem to have made any exception when an allotment is cancelled on the ground of fraud, No where it has been provided that sub-section (5) would not be applicable when allotment is being can celled on the ground of fraud. Therefore, in my view, sub-section (5) with all force is applicable even in a case when the cancellation is being sought to be made on the ground that allotment was obtained by fraud. In the present case, it having been held by two subordinate authorities that there is no necessity of giving opportunity. The said order cannot be sustained in law. Inasmuch as such an observation is contrary on the face of sub-section (5) of Section 198 of the said Act. In that view of the matter, the said order of cancellation cannot be sus tained and, as such, is hereby quashed. However, the petitioner now having notice of the said proceedings shall be at liberty to file his objection within a period of three weeks from date before the Collector. The petitioner shall also furnish security by way of cash deposit of a sum of Rs. 1,000 along with his objection. In default the order passed by the Board of Revenue shall stand confirmed. In case the security is deposited and the objection is filed within the above period, the Collec tor shall decide the same in accordance with law after giving opportunity to the petitioner within a period of six weeks from the date of filing such objection. With these observations, this writ petition is disposed of. There will, however, be no order as to costs. Certified copy of this order may be issued on payment of usual charges within seven days. Petition disposed of. .;