SEETO Vs. JAHOOR AHMAD

JUDGEMENT

(1.) Heard Mr. Rajendra Singh Azad, the learned counsel for the petitioners and Mr. Mohd. Safdar, the learned counsel for the respondents.

(2.) In this writ petition, the petitioners prayed for issuance of writ of certiorari quashing the impugned order dtd. 27/1/2006, passed by the learned Commissioner, Garhwal Region camp at Dehradun in Revision No. 99 of 2000-01 and the order dtd. 17/8/2000 passed by the learned Additional Collector, Haridwar in Case No. 21 of 1998-99.

(3.) Petitioner no. 1 late Smt. Seeto and petitioner nos. 2, 3 and 4 were granted some agricultural lands for the purpose of cultivation for five years by the Land Management Committee of village Gee Mohmadpur Sayeedpur, Pargana Bhagwanpur, Tehsil Roorkee, District Haridwar on the ground that they had undergone the family planning operation. The private opposite party no.1 and 2 have filed an application before the learned Addl. Collector, Haridwar for cancellation of their grant which was considered by the learned Addl. Collector, Haridwar and after examining the same it came to the conclusion that while granting the land for cultivation to the petitioners no survey was made by the Land Management Committee regarding the identification of landless persons; secondly, he considered that since the grant was only for five years and there was no provision of renewal nor any renewal of the same was made by the Land Management Committee, the temporary patta issued in favour of the petitioners were cancelled. The petitioners carried the matter in a revision under Sec. 333-A of the U.P. Z.A & L.R. Act to the Court of learned Commissioner which was disposed of by the Commissioner, Garhwal Mandal whereby he upheld the order passed by the Addl. Collector, Haridwar.