Raju And Another vs State Of U.P. And Others
2012 Latest Caselaw 5798 ALL

Citation : 2012 Latest Caselaw 5798 ALL
Judgement Date : 29 November, 2012

Allahabad High Court

Raju And Another vs State Of U.P. And Others on 29 November, 2012

Bench: Prakash Krishna




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - C No. - 61792 of 2012
 

 
Petitioner :- Raju And Another
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Raj Karan Yadav
 
Respondent Counsel :- C.S.C.,Anuj Kumar
 

 
Hon'ble Prakash Krishna,J.

The patta granted in favour of the petitioners has been cancelled on the finding that the said patta was in respect of non agricultural land and non agricultural land could not lease out.

Annexure-4 to the writ petition is the copy of Khasra with respect to Plot No. 695/2, the plot in dispute. The said plot has been recorded as 'Biharr' meaning there by non agricultural land.

In this view of the matter, the Patta could not have been granted in favour of the petitioners.

The learned counsel for the petitioners submits that the Patta was granted on 31.12.2002 and this Patta could not be be cancelled after about 8 years. There was no fraud. However, the learned counsel for the Gaon Sabha invited the attention of the court towards page 19 of the paper book wherein it is mentioned that the petitioners have admittedly got 10 bighas land. Copy of the said statement has not been annexed along with the writ petition. Nor there is any factual averment in the writ petition that the aforesaid observation is incorrect.

As prayed, one week time is granted to file supplementary affidavit annexing the copy of the statement.

List on 10th December 2012 in the additional cause list.

(Prakash Krishna,J)

Order Date :- 29.11.2012