- (1.) THIS writ petition is di­rected against the order of the District Mag­istrate, Gorakhpur dated 11.8.1999 cancelling the allotment orders dated 27.2.1992 and 20.4.1993, respectively made by the Town Area Committee on the eastern strip of 660 square ft. of land in Khasra No. 528, abutting the main road in Town Area Gola. The Com­missioner, Gorakhpur Division, Gorakhpur dismissed the appeal on 28.7.2000 on the ground that it was not maintainable before him.
(2.) WE have heard Shri V.K.S. Chaudhary, Senior Advocate assisted by Shri R.S. Maurya for the petitioners. Learned standing counsel appears for respondent No. 1. An affidavit of service wasa filed by Shri Udai Shanker Gupta the petitioner on 13.12.2000, stating that he had served the notices on Nagar Panchayat. Gola Bazar on 9.12.2000. The notices were received by the Clerk of Nagar Panchayat on the directions of the Chairman, and respondent Nos. 3 and 4 on 11.12.2000 in presence of witnesses Rama Nand and Budhi Sagar Tiwari. The notices sent by the Court by registered post did not return back either served or unserved on the respondents. A vakalatnama was filed by Shri A.B. Singh on behalf of Nagar Panchayat Gola. He has not chosen to appear in the matter. The service on respondent No. 6, is thus sufficient. Brief statement of facts, giving rise to this writ petition, are that in the Town Area Committee. Gola, District Gorakhpur consti­tuted in the year 1859, there is a plot No. 528 recorded as 'Rasta' from the crossing of Kauriram to Gola. On this spot the width of the road is about 100-120 feet with 15 feet wide metalled road in between. It is stated that on both the sides 2 of the metalled por­tion of the road, about 40-45 feet land is lying vacant, which is the property of the Town Area Committee. The people of the area started encroaching this road, on which the Town Area Committee resolved in its meeting dated 28.5.1967, under Section 293 (1) of the U.P. Municipalities Act, 1916 (the Act) to make arrangements for allotment of the pavement on both sides of the road, after leav­ing 40 feet for the commuters. The Town Area Committee further resolved that the premium for the management of the pavement shall be taken at the time of settlement, for a period of one year and at a time, for a maximum period of 30 years. This arrangement shall be temporary and that whenever the Town Area Committee will require the land, the con­sumer/lessee will vacate it without claiming any compensation. The agreement shall be executed every year by increasing the rent by one and a quarter or one and half time, as the case may be. If the consumer does not agree for increase of rent, the agreement shall be executed with some other person for which he will have no objection. The other condi­tions of the agreement, namely the method of payment of the yearly rent termed as 'Lagan' in the resolution, were provided in detail in the resolution.
(3.) THE resolution was sent to the District Magistrate, Gorakhpur, who directed the Sub Divisional Magistrate, Bansdih to inspect the spot. The Sub Divisional Magistrate found that the vacant land, on both the sides of the road and the pavement, is more than 40-45 feet wide on either side, and was being en­croached. He found that the letting of the land under an agreement will not cause obstruc­tion in the movement of traffic. The District Magistrate, on this report, by his order dated 25.4.1967, granted approval to the resolution to be implemented after framing the bye-laws. The Town Area Committee framed the bye-laws, after due publication in the newspapers. These bye-laws were later on published in the gazette dated 28.5.1967 with all the terms and conditions as mentioned in the resolution of the Town Area Committee.;