Court No. - 18
Case :- WRIT - C No. - 19836 of 2018 Petitioner :- Mayadevi and another Respondent :- Additional Commissioner Aligarh and 3 Others Counsel for Petitioner :- Raj Kishore Yadav,Raj Kamal Singh Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners; Sri Sanjay Kumar Singh, learned Standing Counsel for the State respondent nos.1 to 3 and Shri Manu Singh, learned counsel for the Land Management Committee.
The petitioners are before this Court assailing the impugned order dated 11.9.2017 passed by the Additional District Magistrate (Finance and Revenue), Hathras, whereby allotment of agricultural land made in favour of ten allottees including the petitioners were cancelled as well as the order dated 28.3.2018 passed by the Additional Commissioner (Administration), Aligarh Division, Aligarh under Section 333 of the U.P.Z.A & L.R. Act, 1950 by which he has dismissed the revision in question.
Learned counsel for the petitioners submits that the petitioners are landless agricultural labourers. The settlement of agricultural Patta took place in favour of the petitioners in the year 2001 after following due process and the same was also approved by the Sub Divisional Magistrate concerned on 20.9.2001. Some objections were filed on Tehsil Diwas and on the basis of the aforesaid objections, the process has been started for cancellation of the allotment in question. Finally, by the impugned order dated 11.9.2017 the Collector, Hathras has cancelled the allotment of agricultural land made in favour of ten allottees including the petitioners without considering the evidence and the affidavit filed in support of their case. Against the aforesaid order dated 11.9.2017 the petitioners filed Revision No.65 of 2017 before the Commissioner of the Division but without considering the evidence and the grounds taken in the revision, the revisional court has also dismissed the revision in question on 28.3.2018. The petitioners are in possession of the land in question and their names have also been recorded in the revenue record and as such this Court should come for rescue and reprieve the petitioners.
On the other hand, Shri Sanjay Kumar Singh, learned Standing Counsel submits that the impugned orders have been passed strictly in accordance with law. There is no infirmity or illegality in the impugned orders and the writ petition is liable to be dismissed.
The Court has proceeded to examine the record in question and finds that the allotment of agricultural land was made in favour of the petitioners in the year 2001 and the same was also approved by the Sub Divisional Magistrate on 20.9.2001. Thereafter, some complaint was filed on Tehsil Diwas and on the said complaint, the proceeding for cancellation of agricultural lease were initiated. Finally, the allotment of agricultural land in question was cancelled by the Additional District Magistrate (Finance and Revenue), Hathras on 11.9.2017 with the finding that most of the allottees are not residing in the village in question and they are not eligible for allotment of the land. The allotment of agricultural land was not made in accordance with law. None of the allottees had provided any reliable and clear evidence in regard to their eligibility. The revision filed against the said order has also been dismissed on 28.3.2018. In such circumstances, the petitioners were not liable for grant of agricultural patta and the patta has been rightly cancelled.
No interference is required by this Court. The writ petition has no merit and it is, accordingly, dismissed.
Order Date :- 29.5.2018 RKP