Pancham Singh And Another vs The Addl. Commissioner Judicial ...
2023 Latest Caselaw 9795 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 66495 of 2006
 

 
Petitioner :- Pancham Singh And Another
 
Respondent :- The Addl. Commissioner Judicial Jhansi Division Jhansi
 
Counsel for Petitioner :- Vivek Shandilya,Dinesh Kumar Singh,Sudamaji Shandilya
 
Counsel for Respondent :- C.S.C.,Anuj Kumar,Anurag Pathak
 

 
Hon'ble Rohit Ranjan Agarwal,J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Shashi Chood Pandey, Advocate, holding brief of Sri Anurag Pathak, learned counsel for respondent No.3.

2. The petitioners before this Court, who are two in number, are challening the order dated 09.12.2004 passed by Collector, Jalaon at Orai in Case No.2 of 2004-05 and order dated 05.08.2006 passed by Additional Commissioner (Judicial), Jhansi Division, Jhansi in Revision No.19 of 2004-05 and the order dated 06.09.2006 passed by Additional Commissioner (Judicial) Jhansi Division, Jhansi in proceedings under Section 198(4) of U.P. Zamindari Abolition and Land Reforms Act (hereinafter called as "the Act").

3. By the resolution of Land Management Committee, the land was allotted to 105 persons. The said allotment was challenged by respondent No.3 in proceedings under Section 198(4) of the Act. Some of the allottees Jiya Ram and 16 others had approached this Court through Writ-C No.1364 of 2007 challenging the orders dated 09.12.2004 and 05.08.2006, which are also under challenge in the present writ petition. Vide judgment of coordinate Bench of this Court dated 16.12.2011, Writ-C No.1364 of 2007 was allowed and the orders dated 05.08.2006 and 09.12.2004 were quashed.

4. The said order was followed in another set of writ petition where Smt. Dropdi and 11 others had approached this Court through Writ-C No.39898 of 2013 and the coordinate Bench relying upon the decision rendered in Writ-C No.1364 of 2007, on 18.07.2019, disposed of the writ petition. Similar order was passed in Writ-C No.64568 of 2014 filed by Prabhu and 4 others, which was decided vide order dated 17.08.2021.

5. This Court also relying upon the decision of coordinate Bench in Writ-C No.24622 of 2021 filed by Ramsewak and 8 others had quashed the order dated 09.12.2004 and 05.08.2006 vide order dated 05.10.2021.

6. This Court finds that as the matter stands concluded by the decision of coordinate Bench of this Court in Writ-C No.1364 of 2007 (supra), the present writ petition stands allowed and the benefit rendered to the other allottees is also extended to the petitioners and the orders dated 09.12.2004 and 05.08.2006 are hereby set aside.

7. The writ petition stands allowed.

Order Date :- 4.4.2023

Kushal