Court No. - 18
Case :- WRIT - C No. - 23294 of 2021 Petitioner :- Neehal And 3 Others Respondent :- State Of U.P. And 22 Others Counsel for Petitioner :- Brijesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Alok Mathur,J.
1. Heard Sri Dinesh Kumar Srivastva, learned counsel for the petitioner, learned Standing counsel for respondent No.s 1, 2 and 3 and Sri Pankaj Kumar Gupta for opposite party No.23- Land Management Committee.
2. By means of the present writ petition the petitioner has assailed the order dated 17.11.2020 and 28.3.2012 whereby the patta granted to him has been cancelled.
3. It has been submitted by learned counsel for the petitioner that he was allotted patta after following due procedure as well as recommendation of the Land Management Committee of Village Nadaye, Tehsil Harraiya, District Basti on 12.11.1999 in favor of Neehal son of Wali of plot No.461 area 0.024, 471 area 0.075, 616 area 0.020 hect. issued in favour of Narsingh (father of petitioner No.s 2, 3 and 4). The proposal of the land management committee dated 12.11.1999 and 18.11.1999 was also accepted by Sub Divisional Magistrate vide order dated 4.1.2000. Subsequently name of father of petitioner No.1 was also recorded as non-transferable bhumidhar. It is submitted that one Subedar and 11 others filed an application for cancellation of the said patta under Section 198 sub clause 4 of U.P.Z.A. and L.R. Act before District Magistrate, Basti and after obtaining the report of the Tehsil authorities, the said application was rejected. Restoration application was also filed to recall the order of rejection. The said land which was given as patta which was issued in favour of father of the petitioner there existed a public way to Karbla and consequently it was stated that the said land which was a public way could not have been given in patta and subsequently the patta was cancelled by the competent authority and the order was upheld by means of the impugned order which has been assailed in this writ petition.
4. Learned counsel for the petitioner has restricted his prayer to the facts that there is no doubt that he is eligible for being granted patta and it is only on account of the fact that nature of the land so allotted in his favour was such that the same could not have been allotted and, therefore, it was incumbent on the respondent authorities to allot alternative plot. In this regard Standing counsel was directed to seek instructions.
5. The instructions given by Additional District Magistrate have been placed on record whereby in para 4 it is mentioned that the Land Management Committee in its meeting dated 27.10.2021 has proposed to give patta of land of banjar of gata No.s 448 and 547 in favour of the petitioner.
6. Considering the stand of the gaon sabha it is clear that on the application made by the petitioner the land management has also undertaken the exercise of granting alternative patta like earlier in favour of the petitioner and decided therein that the said proposal would be considered in the meeting dated 27.10.2021 and the land is most likely to be allotted in favour of the petitioner in due course in accordance with law.
7. Learned counsel for the petitioner accepts the stand of the State and submits that in case alternative plot is allotted to the petitioner in lieu of the earlier land which has been shown to be on public way to the Karbla the petitioner is ready to give up his claim on the earlier patta No.461.
8. Considering the above submissions, this petition is being disposed of with a direction to the Gram Sabha, more specifically to the Land Management Committee of Village Nadaye, Tehsil Harraiya, District Basti for considering the allotment of alternative plot in favour of the petitioner and the land mentioned by the District Magistrate in para 4 of the instructions placed before this Court, can be finalized expeditiously within a period of two months from the date a copy of this order is produced before him in accordance with law and communicate the same to the petitioner.
9. It is also provided that if for some reasons the said patta is not allotted in favour of the petitioner, then it shall be open for the petitioner to raise his grievance as has been raised in the present writ petition.
10. With aforesaid observations the petition is disposed of.
Order Date :- 25.10.2021 (Alok Mathur, J.) RKM.