Y.K.Sangal, J. - (1.) - This writ petition has been filed to quash the order dated 12.10.2009 passed by respondent no. 1 i.e. Additional Commissioner(Adm.), Gonda and order dated 20.08.2008 passed by Collector/District Magistrate, Balrampur. By the order dated 20.08.2008, Collector, Balrampur had cancelled the Patta, in favour of the petitioners granted by Assistant Collector, Utraula, District Balrampur vide it's order dated 11.07.2007.
(2.) Heard learned counsel for the petitioners and learned Standing Counsel for the respondent nos. 1 to 3 and perused the record.
(3.) It is not disputed that under Section 122-C(4), the Assistant Collector In-charge of the Sub Division, Utraula, District Balrampur has granted Pattas of the land of Plot No. 440/0.069 in favour of the petitioners. He has observed in the order of allotment that Land Management Committee has failed to discharge its duties under Sub Section 2 of Section 122-C, he himself allotted the land under the provisions of sub Section (3) of 122-C in favour of the petitioners. Under Section 122-C(6), the Collector of the District is empowered that at his own motion and on the application of person aggrieved by allotment of the 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 thereupon the right, title and interest of the allottee and all other persons claiming through him in the land allotted shall seize. Against the allotment order of in-charge, Assistant Collector on the application of one Ved Prakash, respondent no. 4, Collector respondent no. 2 had proceeded in the matter under Section 122-C(6) of U.P. Z.A. & L.R. Act and canceled Pattas granted in favour of the petitioners.;