Court No. - 36
Case :- WRIT - C No. - 1018 of 2019 Petitioner :- Mayadevi And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Jawahar Lal Maurya Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the show cause notice dated 30.11.2018 issued under Section 128 of the U.P. Revenue Code' 2006 by the Collector, Kaushambi.
From the records, it appears that the show cause notice was issued after a preliminary enquiry was conducted by the Collector, Kaushambi and having recorded that there was some infirmity in the allotment made in favour of the petitioners, in as much as, the petitioners were neither eligible persons nor the lands allotted to them were vacant at the relevant point of time.
The show cause notice is being challenged on the ground that the allotment made in the year 1998 in favour of the petitioners cannot be cancelled after a period of approximately twenty years. However, as to the allegations of fraud, as indicated in the show cause notice, no plausible submissions could be made by learned counsel for the petitioners.
At the stage of show cause notice, this Court does not find any justification to interfere. It is open for the petitioners to submit their reply so as to plead their case for sustenance of allotment.
The present writ petition is found devoid of merits and hence dismissed.
Order Date :- 29.1.2019 Himanshu