RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri N.B. Nigam, for the petitioner, Sri Abhishek Shukla, Standing Counsel for State of U.P., Sri R.B. Yadav, for Gram Panchayat and Sri Anil Kumar Singh along with Sri P.K. Srivastava, for respondents-3 to 5.
(2.) The writ petition has been filed for quashing the orders of Additional Collector dated 24.09.2008 and 10.11.2016, rejecting the application of the petitioner for cancellation of patta dated 30.12.1992, granted in favour of Phullar, Gulabi Devi and Chanri Devi (respondents-3 to 5) and Board of Revenue, U.P. dated 08.04.2015, allowing the revision of respondents-3 to 5 and remanding the matter to Additional Collector to decide the application of the petitioner afresh and Commissioner dated 15.05.2017, dismissing the revision of the petitioner, filed against order dated 10.11.2016.
(3.) The dispute between the parties is in respect of plot 654 (area 12 biswa) of village Narthuwa, tahsil Gyanpur, district Bhadohi. Land Management Committee of the village passed a resolution dated 20.09.1992, for grant of patta for house sites to Phullar, Gulabi Devi and Chanri Devi (respondents-3 to 5), which was approved by Sub-Divisional Officer on 30.12.1992 and pattas were granted to respondents-3 to 5. The petitioner filed an application on 03.06.1993 (registered as case No. 59/102/12) under Rule 115-P of U.P. Zamindari Abolition and Land Reforms Rules, 1952, for cancellation of patta dated 30.12.1992, on the ground that plot 654 (area 12 biswa) was allotted to him by Land Management Committee through its resolution dated 01.02.1976, which was approved by Sub-Divisional Officer on 22.02.1976. Gaon Sabha had no right to allot plot 654 again to respondents-3 to 5 on 30.12.1992 nor land was vacant on the spot.;