Allahabad High Court
Puttan @ Shiv Narayan vs State Of U.P. Thru. ... on 4 July, 2022
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- WRIT - C No. - 3550 of 2022
Petitioner :- Puttan @ Shiv Narayan
Respondent :- State Of U.P. Thru. Collector,Barabanki And Others
Counsel for Petitioner :- Dharmendra Singh
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner, learned Standing counsel appearing for the State-respondents and Sri Mohan Singh, learned counsel appearing for the respondents no. 5 & 6.
Instant petition has been filed praying for the following main reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the judgment and order dated 29.12.2021 passed by opposite party no. 2, order dated 18.10.2016 passed by opposite party no. 3 and the order dated 10.02.2010 passed by opposite party no. 4 as are contained in Annexure Nos. 1, 2 & 3 respectively to the writ petition."
The case set forth by the petitioner is that a lease had been given to him under the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "Act, 1950") on 29.03.2008 by treating him to be a landless labour.
The competent authority subsequently issued a notice on 06.09.2008, a copy of which is annexure 6 to the petition contending that the land had wrongly been allotted. The petitioner claims to have submitted his reply but by means of impugned order dated 10.02.2020, a copy of which is annexure 3 to the writ petition, the lease has been cancelled on the ground that (a) the petitioner has adequate land of his own (b) he is having a share in his father's land and (c) the petitioner has got double storey pucca house.
Being aggrieved, the petitioner filed a revision, a copy of which is annexure 10 to the petition. The said revision was dismissed vide impugned order dated 18.10.2016. Still being aggrieved, a review application was filed which has also been dismissed vide order dated 29.12.2021, a copy of which is annexure 1 to the petition.
While seeking to challenge the three impugned orders, learned counsel for the petitioner contends that as per the definition clause of "landless labour" given under the Act, 1950, the land of his father cannot be included in the land of the petitioner. He also contends that the competent authority has wrongly given a finding of the petitioner having a double storey house and as such it is apparent that the competent authority has proceeded wrongly to cancel the lease and hence the present petition.
Having heard the learned counsel appearing for the contesting parties and having perused the records what is apparent is that the petitioner had been allotted a lease in the capacity of being a landless labour. A notice was issued to him shortly thereafter by the competent authority on the ground as already indicated above. The petitioner claims to have submitted his reply and upon the same not being found satisfactory, the lease has been cancelled vide impugned order dated 10.02.2020. A perusal of the impugned order would indicate that the lease has been cancelled on the grounds as already indicated above. One of the ground which has been taken for cancellation of lease is the petitioner having a double storey house. Perusal of the revision which was filed by the petitioner against the impugned order would indicate that there is no denial in the revision of the petitioner not having a double storey house. The grounds taken by the competent authority while cancelling the lease would also indicate that there were other persons more penurious than the petitioner to whom the said land could have been allotted and thus once there is no denial to the fact of the petitioner already having a double storey pucca house, as such it is apparent that the competent authority has correctly proceeded to cancel the lease of the petitioner.
Considering the aforesaid, this Court does not find any illegality with the impugned orders, accordingly the writ petition is dismissed.
Order Date :- 4.7.2022
Pachhere/-
