- (1.) ASHOK Bhushan, J. Heard learned Counsel for the petitioners and learned Standing Counsel representing the respondents No. 1 and 2.
(2.) BY this writ petition, the petitioners have prayed for quashing the illegal" allotment of agricultural land by the Land Management Committee dated 3. 11. 2007. Learned Standing Counsel submits that remedy of the petitioners is to file ah application, seeking cancellation of the lease under Section 198 (4) of the U. P. Zamindari Abolition and Land Reforms Act, 1950. Learned Counsel for the peti tioners submits that village is under consolidation hence, the remedy of Section 198 (4) cannot be invoked. I have considered the submissions of Counsel for both the parties and perused the record.
(3.) THE question raised in the present writ petition is as to whether, the peti tioners have remedy under Section 198 (4) of the U. P. Zamindari Abolition and Land Reforms Act, 1950, seeking cancellation of the lease or the said remedy cannot be invoked in view of the fact that notification under Section 4 (2) of the U. P. Consolidation of Holdings Act has already been issued. Section 198 (4 ). of the U. P. Zamindari Abolition and Land Reforms Act, 1950 provides for cancellation of agricultural lease granted under Sections 195 and 197: Section 198 (4) of the Act is to the following effect: "198 (4) The Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land inquire in the manner pre scribed into such allotment and if he is satisfied that the allotment is irregu lar, he may cancel the allotment and the lease, if any. ";