RAM SURAT RAM MAURYA, J. - (1.) Heard Sri Lallan Prasad Singh for the petitioners and Sri Kishore Gaurav Kulshresth for the respondents.
(2.) This writ petition has been filed against the order of Collector dated 27.10.2010 dismissing the application of the petitioners for cancellation of patta granted to Shivdeen, respondent-4, of plot no. 83 of village Alampur, pargana Kalpi, district Jalaun and the order of Additional Commissioner dated 13.6.2017 dismissing the revision of the petitioners against the aforesaid order.
(3.) Land Management Committee of the village granted patta dated 7.2.1976 of an area of 3 acre of plot no. 83/1 of village Alampur, pargana Kalpi, district Jalaun. Petitioners filed an application dated 23.11.2009 for cancellation of patta dated 7.2.1976, as approved by SDO on 26.4.1976. In the application, the petitioners have stated that total area of plot no. 83 was 9.80 acre, out of which, they were tenants of an area of 4.30 acre, which was recorded as plot no. 83/1. Remaining area of 5.50 acre is recorded as Bihad land in the revenue record. The petitioners were in possession of plot no. 83/1, area 4.30 acre, which was obtained by them through sale deed dated 3.1.1992 from Jagdish Singh, who was recorded tenure holder. Land Management Committee had no jurisdiction to allot the disputed land to Shivdeen, therefore, the patta granted to Shivdeen was liable to be cancelled. The case was contested by Shivdeen, who field his objection and in the objection, he has stated that patta was granted to him by Land Management Committee through its resolution dated 7.2.1976, which has been approved by SDO on 26.4.1976. On the basis of patta, his name was recorded in the Revenue Record in the khatauni 1383 fasli. It is only after grant of patta to Shivdeen, Jagdish and others got their names recorded in the Revenue Record, as such, it has no effect on the patta granted to Shivdeen. He is in possession over the land in dispute from the date of patta and his possession was recorded in khasra throughout. Collector after hearing the parties, by the order dated 27.10.2010 held that plot no. 83, area 9.80 acre was recorded as Bihad land in khatauni 1362 fasli. This entry was also found in respect of plot no. 83 in 1309 fasli. In khatauni 1394 fasli-1399 fasli, an area of 4.30 acre of plot no. 83/1 came to be recorded in the name of Dwarika Prasad w.e.f. 1383 fasli. The petitioners are claiming to have obtained sale deed from Dwarika Prasad, while total area of 9.80 acre of plot no. 83 has already been allotted to four persons. It is not clear that on what basis, name of Dwarika Prasad came to be recorded over plot no. 83/1. On this finding, he dismissed the application of the petitioner for cancellation of patta. The petitioners challenged the aforesaid order in revision. It is alleged that before the Additional Commissioner, the petitioners filed copy of the order of SDO, Kalpi dated 17.7.1974, by which, name of Mannu Lal was directed to be recorded over plot no. 83/1, area 4.30 acre, which is disputed land. However, Additional Commissioner without considering the additional evidence of the petitioners filed before him, has dismissed the revision of the petitioners by order dated 13.6.2017, holding that entire area of 9.80 acre of plot no. 83 was recorded as Bihad land, as such, Gaon Sabha was competent to make allotment of the land in dispute. Hence, this writ petition has been filed.;