Court No. - 2
Case :- WRIT - C No. - 56868 of 2005 Petitioner :- Genda Lal And Others Respondent :- Commissioner Agra Division And Others Counsel for Petitioner :- Suresh Chandra Verma,Arun Kumar Singh,Manish Goyal,R.B.Maurya,Raj Kishore Yadav,Ram Pal Singh,S.C. Kushwaha Counsel for Respondent :- C.S.C.,V.K. Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
By means of the instant petition, the petitioners are assailing the order dated 24.01.2005, passed by the Revisional Authority/1st respondent-Additional Commissioner, Agra, arising from order dated 22.12.2000, passed by the 2nd respondent-Additional Collector, Firozabad in proceedings under Section 198(4) of the U.P.Z.A. & L.R. Act. It is noted in the impugned order that the Patta granted to the petitioner was irregular, as Rules 173 to 178 of the U.P.Z.A. & L.R. Rules were not followed; the allotment has been made to two real brothers; and some of the allottees were not eligible; the total area allotted is more than the area permissible under law.
Learned counsel for the petitioner submits that as to how the petitioners are ineligible has not been stated in the impugned order. A general order has been passed against the petitioners and others; the petitioners are landless labourer belonging to marginalised section of the society; there is no prohibition under the Act or Rules that real brothers cannot be allotted Patta for agricultural purposes; it is not in dispute that the Sub Divisional Officer has duly approved the resolution of the Land Management Committee allotting the plots to the petitioners.
In the counter affidavit it has been clearly stated that the resolution was dully approved by the Sub Divisional Magistrate on 16.10.1996, thus it has not been disputed that the petitioners are allottees. It is further stated that in Form-57Kha there is some misprint of the name. It is further not disputed that pursuant to the allotment, the name of the petitioners were duly entered in the revenue record.
Having regard to the fact that the petitioners belong to the marginalised section of the society; the resolution of the Land Management Committee, after complying the provisions of the Act and Rules, was duly approved by the Sub Divisional Magistrate. It is not a case of any fraud or misrepresentation on the part of the petitioners.
In view thereof, the writ petition is allowed.
The impugned orders dated 24.01.2005 and 22.12.2000 (Annexures-2 & 1 respectively) are set aside. The respondents are restrained from interfering in the peaceful possession of the petitioners over the plots in question.
Order Date :- 19.8.2021 Pkb/