RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri B. D. Mishra for the petitioners, Sri Abhishek Shukla, Standing Counsel for State, Sri Anand Kumar Yadav , Standing Counsel for gaon sabha and Sri Vijay Chandra Srivastava for the caveator.
(2.) The writ petition has been filed against the order of Collector dated 27.4.2015 cancelling the patta of the petitioner and the order of Commissioner dated 24.7.2017 dismissing the revision of the petitioner against the aforesaid order.
(3.) It is alleged that patta has been granted to the petitioner on 3.1.1988. Earlier proceeding was initiated for cancellation of patta. In the proceeding notice has been issued which was served upon the petitioner on 18.1.1993. However, the order of Additional Collector dated 22.2.1994 has been set aside in the revision by the Commissioner on the ground that Additional Collector has no jurisdiction to cancel the patta of the petitioner under Section 198 (4) of UP Act No.1 of 1951. Therefore, the order of Additional Collector was set aside and matter was remanded to the Collector to decide the case on merit. It is alleged that after remand, the Collector issued notice to the petitioner in the year 2011. Thereafter the petitioner filed a reply to the show cause notice in which he has stated that the petitioner was landless agricultural labourer and Land Management Committee has rightly granted patta to the petitioner. The patta was granted in the year 1988, while notice has been issued on 10.1.2011, thus the proceeding was highly time barred and no order could be passed on it. However, the Collector by the order dated 27.4.2015 found that on the date of patta, mother of the petitioner Smt Phoola Devi was having 16.50 acre land in the village Devpar, distt. Deoria and father of the petitioner was working in Bhumi Vikash Bank and in connection of his service, he along with his family including the petitioner was residing at Nadipura, Distt. Lalitpur. The petitioner was neither landless agricultural labourer nor the ordinary resident of the village, therefore, the petitioner was not eligible for grant of patta. On this finding he cancelled the patta of the petitioner by order dated 27.4.2015 . The petitioner challenged the aforesaid order in revision, which was dismissed by the Commissioner by order dated 24.7.2017. Hence this writ petition has been filed.;