- (1.) Gaon Sahha, Saliri, district Saharanpur, executed leases in favour of the petitioners. The petitioners made applications for mutation of their names in the revenue records before the Consolidation Officer because the land in dispute at that time was under consolidation operations. The Gaon Sabha did not file any objection, but the respondents, nos. 3 to 6, contested the applications. The Consolidation Officer dismissed the application for mutation on the finding that the leases were executed in contravention of the rules laying down the procedure for granting on lease, Gaon Samaj land. The petitioners went up in appeal. The Settlement Officer held that the leases were validly executed. He directed that the applicant's names be recorded as Sirdars over the plots covered by the leases. The respondents filed a revision.
(2.) The Deputy Director Consolidation held that as the leases were executed during the consolidation operations, the permission of the Settlement Officer u/S. 5 (c) (ii) of the UP Consolidation of Holdings Act was necessary. No such permission was obtained. The leases were void. He also held that it was not fully proved that the prescribed procedure had been followed while granting the leases. For both these reasons he dismissed the applications for mutation.
(3.) S. 198 (3) of the ZA and LR Act confers jurisdiction on the Assistant Collectors, inter alia, to cancel an allotment made by the Land Management Committee in contravention of the rules. No such proceedings were taken. The lease to the petitioners by the Gaon Sabha has not been cancelled as yet. U/S. 198, sub S. (3) of the Act when the lease is cancelled, the right, title and interest of the allottee comes to an end and the interest reverts to the Gaon Sabha. Till an allotment is cancelled, the right, title and interest remains with the allottee and has to be recognised. This provision would show that simply because the Gaon Sabha executed the lease in contravention of the rules the lease would not become void. It remains liable to be cancelled. Till it is cancelled by the appropriate authority, no proceedings relating to its validity can be gone into in the present proceedings of mutation. Further, the jurisdiction to cancel the allotment has been conferred on the Assistant Collector. The same jurisdiction cannot be exercised by the Consolidation Officer. It was, therefore, not open to the authorities below to go into the question whether the lease had been executed in breach of any rules.;