Allahabad High Court
Ram Khelawan vs Board Of Revenue Allahabad, U.P. ... on 29 October, 2013
Bench: Sibghat Ullah Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 21
Case :- MISC. SINGLE No. - 7215 of 2013
Petitioner :- Ram Khelawan
Respondent :- Board Of Revenue Allahabad, U.P. Thru Its Chairman & Others
Counsel for Petitioner :- Kapish Srivastava
Counsel for Respondent :- C.S.C.,Yogendra Nath Yadav
Hon'ble Sibghat Ullah Khan,J.
It is the experience of the court that provisions of allotment of Gaon Sabha land provided under Section 195 & 197 of U.P.Z.A.& L.R. Act are being utterly misused and only wealthy and influential persons who belong to such families which have already got lot of agricultural land get the benefit of allotment. Exactly the same thing happened in this case. However, the Board of Revenue Allahabad through order dated 22.11.2012 did a commendable job by cancelling the allotment made to the petitioner and three others. Petitioner's father was already having 5 bigha land. Father of another allottee Deo Nath held 12 bigha land. One of the allottees, Hubba was real brother of petitioner who has died and his land has also been inherited by the petitioner. Father of Hubba also possessed more than 5 bigha land. Both petitioner and Hubba were already having one bigha five biswansis and three bigha eight biswa land respectively before the allotment (paras 3 & 4 of the writ petition). Accordingly allotment to them was loot of the Gaon Sabha property.
Preference for allotment has been provided under section 198. After disabled soldiers and widows, sons and unmarried daughters of soldiers killed in enemy action top priority is to be given to landless agricultural labourers particularly of Scheduled caste. Learned counsel for the petitioner has placed reliance upon clause (e) of Section 198 (1) according to which land may be allotted to Bhoomidhar or Asami residing in the circle and holding land less than 1.26 hectare. Land is to be allotted to the persons of this category only when no person in the earlier categories is available. The most important category is provided under clause (c), i.e. landless agricultural labourer. As petitioner's father and his other family members (as stated by learned counsel for the petitioner) were already having agricultural land of substantial area, hence, it was inconceivable that the petitioner could be agricultural labourer.
Allotment was made in the year 1984. Recommendation to initiate cancellation proceedings was made by S.D.O. On 23.8.1986. The case was registered under Section 198(4) of U.P. Z.A. & L.R. Act as Case no. 153/225/372/526. The allotment was cancelled by A.D.M. Finance and Revenue Unnao through order dated 09.01.1989.
The said order was challenged through revision. Learned additional commissioner sent four references to the Board of Revenue Allahabad numbered as reference no. 3 to 6 to 1994 to 1995 for setting aside order of the A.D.M. through the impugned order dated 22.11.2012 Board of Revenue rejected the references and maintained the order of A.D.M. Dated 09.01.1989.
Writ petition is accordingly dismissed.
If petitioner and other allottees have not yet been dispossessed then they shall forthwith be dispossessed and fresh allotment of the land shall be made after due advertisement in accordance with Raja Ram V/S Son Kali 2009(107) R.D. 796.
If at the time of fresh allotment petitioner is found eligible in the sense that he is one of the poorest people and no person having no land or less land than the land held by the petitioner or whose father has got either no land or less land than petitioner's father is available in the circle only then petitioner's case for allotment may also be considered, along with others.
Office is directed to supply a copy of this order free of cost to Shri Vinay Bhushan learned Additional C.S.C. Shri Yogendra Yadav learned counsel for O.P. No.3 L.M.C. is also present. A free copy of this order shall also be provided to him.
Order Date :- 29.10.2013
mks
