Salil Kumar Rai, J. - (1.) Heard counsel for the petitioners and the Standing Counsel representing respondent nos. 1, 2 and 3.
(2.) A lease was granted by the Land Management Committee to one Smt. Babuni i.e. the mothers of the petitioners. Subsequently, it was reported by the concerned Naib Tehsildar that major irregularities were committed in allotment of lease to Smt. Babuni and Smt. Babuni was the wife of Garib who was a member of the Land Management Committee at the time of allotment of the said lease and consequently proceedings under Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950') were instituted for cancellation of the aforesaid lease registering Case No. 217 under Section 198 of the Act, 1950 in the court of Sub-Divisional Magistrate, Mohammadabad, District Azamgarh. In the said case Smt. Babuni appeared in response to notice issued to her and denied the allegations made in the report of the Naib Tehsildar. However, on the statement of the Lekhpal, who was also the Secretary of the concerned Land Management Committee, the Sub-Divisional Magistrate, Mohammadabad vide his order dated 17.11.1970 cancelled the lease granted in favour of Smt. Babuni on the ground that the total land reserved for public purposes in the village was less than 8 per cent of the total village land and at the time of allotment of lease, the husband of Smt. Babuni was a member of the Land Management Committee and therefore the allotment of lease in favour of Smt. Babuni was illegal. Against the order dated 17.11.1970 passed by the Sub-Divisional Magistrate, Smt. Babuni filed a Revision before the Additional Commissioner, Gorakhpur, District Gorakhpur registering Revision No. 643/990A of 1971 and in the said revision, the Additional Commissioner vide his order dated 18.9.1971 submitted a reference before the Board of Revenue recommending that the order dated 17.11.1970 passed by the Sub-Divisional Magistrate be set-aside. However, the Board of Revenue vide its judgment and order dated 22.9.1981 rejected the recommendation of the Additional Commissioner and dismissed the revision filed by Smt. Babuni. The orders dated 22.9.1981 passed by the Board of Revenue and 17.11.1970 passed by the Sub-Divisional Magistrate have been challenged in the present writ petition.
(3.) It has been argued by counsel for the petitioners that the findings of the Sub-Divisional Magistrate and the Board of Revenue in impugned orders dated 17.11.1970 and 22.9.1981 to the effect that Garib, i.e., husband of Babuni was a member of L.M.C. on the relevant date are without any evidence. Counsel for the petitioners has also argued that similarly the findings of the Sub-Divisional Magistrate that the total land reserved for public purpose in the village was less than 8 per cent of the total village land was also without any evidence. It has been further argued by counsel for the petitioners that the aforesaid facts and grounds were not part of the report of Naib Tehsildar and therefore Smt. Babuni had no opportunity to rebut the aforesaid allegations and thus, the order dated 17.11.1970 was passed by the Sub-Divisional Magistrate in violation of the principles of natural justice and is liable to be set-aside. It was also argued by counsel for the petitioners that there was no prohibition on grant of lease of any property vesting in the Gaon Sabha to a spouse or other family member of any member or office bearer of the Land Management Committee and the opinion of the Sub-Divisional Magistrate and the Board of Revenue that the lease granted in favour of Smt. Babuni was invalid and illegal as the husband of Smt. Babuni was a member of the Land Management Committee at the relevant time is vitiated by error of law apparent on the face of record.;