S.U. Khan, J. - (1.) Heard learned Counsel for the petitioner and learned Standing Counsel for respondent Nos. 1 to 3 and learned Standing Counsel for respondent No. 4 Gaon Sabha.
(2.) Petitioner was allotted patta of some Gaon Sabha land in the year 1963 under section 195 of U.P.Z.A. and L.R. Act. He applied for mutation. Meanwhile consolidation proceedings intervened. Accordingly, mutation matter was to be decided by Consolidation Officer. The matter was registered before C.O., Gyanpur, District Varanasi in the form of Case No. 9360. Sri Sita Ram v. Gram Samaj. The C.O. held that on patta signatures and thumb impressions of allottee-petitioner were not there; that prior permission of Sub-Divisional Officer or Tehsildar concerned was not sought; that information of executing (he patta was not given to members of Gram Samaj, that separate notice to each member should have been given for patta allotment which was not done.
(3.) There is no requirement of law that on patta signatures or thumb impressions of allottee must also be there. As far as prior permission of S.D.O. is concerned the provision was not there in the year 1963. It was added only in the year 1969.;