Siddhartha Varma, J. - (1.) The petitioner was granted patta in the year 1996 after the resolution of the Management Committee was approved by the Sub-Divisional Officer under the U.P.Z.A. & L.R. Act 1950 (hereinafter called as 'the 1950 Act'), Manjhanpur, Kaushambi by his order dated 15.8.1996. Thereafter upon completion of 10 years as per the provisions of the 1950 Act, the petitioner was recognized as a bhumidhar with transferable rights. This change of status was recognized by an order dated 24.4.2007. However, when in the month of July, 2010, the petitioner came to know about an order which was passed on 27.1.2010 by which his name had been expunged from the Revenue Record and his patta had been cancelled the petitioner preferred a revision before the Commissioner who remitted the matter back on 2.8.2010 to the Collector for reconsideration. However, the Collector again cancelled the patta on 13.12.2010 and the Commissioner before whom the revision was filed dismissed the same on 7.10.2013. Aggrieved thereof, the petitioner has approached this Court by means of a writ petition.
(2.) Learned counsel for the petitioner has submitted that when the patta was granted to him in the year 1996, the same could have been cancelled only within the time frame provided by Section 198 of the 1950 Act, and that too after serving a notice on him. Learned counsel for the petitioner read out Sections 198 (4), (5), (6) and (7), therefore, the same are being reproduced here as under:- "Section 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 prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any. Section 198 (5). 'No order for cancellation of an allotment or lease shall be made under sub-section (4), unless a notice to show cause is served on the person in whose favour the allotment or lease was made or on his legal representatives: Provided that no such notice shall be necessary in proceedings for the cancellation of any allotment or lease where such proceedings were pending before the Collector or any other Court or authority on August 18, 1980. Section 198 (6). Every notice to show cause mentioned in sub-section (5) may be issued - (a) in the case of an allotment of land made before November 10, 1980, (hereinafter referred to as the said date), before the expiry of a period of [seven years] from the said date; and (b) in the case of an allotment of land made on or after the said date, before the expiry of a period of [five years from the date of such allotment or lease or up to November 10, 1987, whichever be later]. Section 198(7). Where the allotment or lease of any land is cancelled under sub-section (4) the following consequences shall ensue, namely- (i) the right, title and interest of the allottee or lessee or any other person claiming through him in such land shall case and the land shall revert to the Gaon Sabha; (ii) the [Collector] may direct delivery of possession of such land forthwith to the Gaon Sabha after ejectment of every person holding or retaining possession thereof and may for that purpose use or cause to be used such force as may be necessary."
(3.) To bolster his submissions with regard to the issue that the petitioners patta could not be cancelled after the time stipulated in the 1950 Act, the petitioner cited two decisions of this Court reported in Suresh Giri and Others vs. Board of Revenue, U.P. Allahabad and Others., 2010 3 AWC 2834 and Jiya Ram and Others v. State of U.P. And Others, 2012 2 ADJ 683 and submitted that even if the patta had to be cancelled suo motu by the Collector then it had to be done within the time permitted by the 1950 Act.;