Allahabad High Court
Jairam vs State Of U.P. & Others on 18 September, 2012
Bench: Sibghat Ullah Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
(Judgment reserved on 21.8.2012)
(Judgment delivered on18.9.2012)
Court No. - 58
Case :- WRIT - C No. - 51989 of 2007
Petitioner :- Jairam
Respondent :- State Of U.P. & Others
Petitioner Counsel :- S.K. Chaturvedi
Respondent Counsel :- C.S.C.,Anuj Kumar
Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the petitioner and learned standing for the respondents.
This writ petition arises out of proceedings for cancellation of lease initiated against the petitioner on the complaint of respondent no.4 Girwar under Section 198(4) of U.P.Z.A. & L.R. Act. The application was filed on 5.8.1985 seeking cancellation of patta granted by L.M.C. In 1975-76 in favour of petitioner of plot no.1611 area 1.64 acre. Report of the Land Revenue inspector was called for who submitted the report on 7.10.1985, copy of which is Annexure 3 to the writ petition stating that petitioner was resident of Madhya Pradesh, however, for five years he was residing in the village in question and was also voter from there. It means that the petitioner started residing in the village in question since the end of 1980. It was also mentioned in the report that the resolution was to allot four acre land of plot no.1916, however, in the patta the plot numbers and areas shown were 1611 area 1.64, 1612 area 2.33, 1615 area 0.62 total area 4.59 acre. It was recommended that the patta should be cancelled. Thereafter, Additional Collector Jhansi dismissed the application for cancellation of patta on the ground of being barred by time through order dated 30.6.1986, copy of which is Annexure 5 to the writ petition. In the said order it is mentioned that as on the file statement of lekhpal was not available hence lekhpal was summoned and examined who stated that firstly on 28.2.1975 patta of plot no.1916 area 4 acre was granted to the petitioner and thereafter on 31.1.1976 (or 30.6.1976) patta of plot no.1612 area 2.33 , 1611 area 1.61, and 1615 area 0.15 acre was made (in the report of Revenue Inspector the area of plot no.1615 is mentioned as 0.62 acre). The Additional Collector held that the cancellation application should have been filed before 10.11.1982 hence it was barred by time.
Thereafter, review petition was filed by respondent no.4 on 31.5.2005 which was registered as Review application no.10 of 2005-06 along with delay condonation application. Collector Jhansi through order dated 6.7.2006 allowed the review petition, set aside the earlier order dated 30.6.1986 and restored the patta cancellation application on its number for deciding the same on merit again. Against the said order petitioner filed revision no.42 of 2005-06 which was dismissed by Commissioner Jhansi, Division Jhansi on 19.7.2007 hence this writ petition.
After the amendment of Sections 195,197 and 198 of U.P.Z.A. & L.R. Act by U.P. Act no.35 of 1970 in Bundelkhan Area which includes Jhansi where the land in dispute is situate not more than 4.48 acres of land could be allotted to a person. Accordingly, the allotment of 8.09 or 8.59 acre land to the same person i.e. petitioner was utterly void and without jurisdiction. Moreover, to the same person within one or one and a half year two allotments could not be made.
If the allotment is utterly void question of limitation is not much relevant. In fact if the allegations made by the complainant and substantiated by the lekhpal in his oral statement as mentioned in the order dated 30.6.1986 passed by A.D.M. Jhansi are correct then it was loot of the public property for which no cancellation application under Section 198(4) is required and it is the duty of the Revenue Officers particularly Collector and Additional Collector to correct the error whenever it is brought to their notice. Accordingly, question of limitation was utterly irrelevant.
Writ petition is, therefore, dismissed. Collector/Additional Collector, Jhansi is directed to decide the matter very expeditiously, in no case beyond 31.3.2013. Both the parties are directed to appear before Collector/Additional Collector on 17.10.2012. If the Collector/Additional Collector finds that the allotments or any one of them was utterly void then order for immediate eviction of the petitioner shall be passed and executed and petitioner shall also be liable to pay damages @ of Rs.5000/- per hectare per year for the period for which he remained in possession. The damages shall be recovered like arrears of land revenue and deposited in the consolidation gaon fund constituted under Section 125-A of U.P.Z.A. & L.R. Act .
Office is directed to supply a copy of this order free of cost to Sri S.P. Misra learned standing counsel within three days.
Order Date :- 18.9.2012
vkg
