A.P.Sahi, J. - (1.) TWO Supplementary-Affidavits have been filed explaining the delay.
(2.) I have heard Sri R.P.S. Chauhan, learned counsel for the petitioner, at length as well as the learned Standing Counsel. The dispute lies in a very narrow compass, namely, as to whether the land which has already been reserved as Khalihan could have been transferred to the petitioner-Society by the Gaon Sabha. The authorities below have categorically recorded that such transfer is impermissible. Any such resolution of the Gaon Sabha was in violation of the U.P.Z.A. & L.R. Act and the rules framed therein as well as the Uttar Pradesh Consolidation of Holdings Act. Learned counsel for the petitioner has been unable to point out any rule or law which authorizes the Gaon Sabha to transfer the land reserved as Khalihan in favour of the petitioner-Society which is running an institution through a Society registered under the Societies Registration Act. The Supplementary- Affidavit has narrated certain Government Orders in para 5 of the Affidavit dated 12.4.2009. The said Government Orders do not in any way confer any such right on the Gaon Sabha. It is to be pointed out that these Government orders enable the State Government to resume land under Section 117 of the U.P.Z.A. & L.R. Act for the purpose of allotment of land to private institution. These Government Orders nowhere confer any jurisdiction on the Gaon Sabha to transfer land as has been done in the present case. This position is also settled and is backed by a judgment of this Court in the case of Lalji and another. Board of Revenue U.P. at Allahabad and others, 1971ALJ 1113.
(3.) IT is relevant to mention that once the statement of principles were prepared and the land stood reserved for Yuvak Managal Dal and Khalihan both, then there was no occasion to alter the reservation so made on an erroneous ground that if the land is left as Khalihan, then it is likely to be forcefully occupied by some muscle-men. This observation in the order dated 25.10.2007 is only presumptuous founded on surmises and conjectures. To protect Gaon Sabha land it is not necessary to attempt an illegal allotment. The supplementary-affidavits filed do not give any cogent explanation or plausible reason for condoning the latches on the part of the petitioner.;