Santosh Kumar vs State Of U.P. And Others
2011 Latest Caselaw 2767 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - C No. - 38639 of 2011
 

 
Petitioner :- Santosh Kumar
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- C.P. Tiwari
 
Respondent Counsel :- C.S.C.,Anuj Kumar
 

 
Hon'ble Amreshwar Pratap Sahi,J.

The petitioner admittedly is a Brahmin by caste. His father was erstwhile pradhan of the village. He claims that he falls within the preferential category of an allottee under Section 198 of the U.P. Z.A. & L.R. Act, 1950.

The only provision that could have been available to the petitioner is Sub-Section (5) of Section 198 of the U.P. Z.A. & L.R. Act, 1950. The said provision clearly prescribes that it will be available only to those persons who are Below Poverty Line as declared by the State Government from time to time.

The petitioner does not appear to have set up any claim in relation to his being below poverty line under any declaration made by the State Government under Section 198(5) of the U.P. Z.A. & L.R. Act.

During the course of argument,  learned counsel submits that there is a Government Order dated 21st January, 2001 which defines that below poverty line means a person earning less than Rs. 20,000/- per annum.

If that is so, this clear question of fact could have been pleaded by the petitioner before the authorities below. There is nothing on record to indicate that such was the pleading of the petitioner or any such Government Order which was prevalent at the time of allotment of the petitioner. No Government Order appears to have been produced. In the absence of any such pleading or proof, this plea which is on facts cannot be raised as a legal plea before this Court in the exercise of jurisdiction under Article 226 of the Constitution of India for the first time. Accordingly, none of the pleas raised by the petitioner hold water.

The writ petition lacks merit and is accordingly dismissed.

Order Date :- 15.7.2011

Sahu