Heard learned counsel for the petitioner and perused the counter affidavit filed on behalf of the respondent State.
The challenge in this petition is to the show cause notice under Section 198 (4) of the U.P. Z.A. & L.R. Act, 1950. The allegation is that the resolution of the Gaon Sabha under which the allotment has been made in favour of the petitioner was not passed in a valid meeting and there are other allegations as well.
So far as the petitioner is concerned the report which has been made the basis for issuance of the notice mentions that the petitioner was found to be an eligible person for grant of patta. Learned counsel has relied on the decision in the case of Smt. Bhoodevi and others Vs. Board of Revenue and others, reported in 1994 RD Pg. 92.
Learned counsel submits that in view of this fact in favour of the petitioner, there was no material on the basis whereof the notice could have been issued to the petitioner for cancellation of the lease. The contention therefore is that there being no material for issuance of notice against the petitioner, the notice should be quashed. This court entertained the writ petition and granted an interim order on 17.3.1997 in so far as the petitioner is concerned.
A counter affidavit has been filed to the writ petition reiterating the stand taken in the show cause notice and the report on the basis whereof the same has been issued.
I have perused the show cause notice as also the report of the Sub Divisional Magistrate on the basis whereof the notice has been issued. Learned counsel for the petitioner is correct in his submission that the report does not indicate any ineligibility individually on the part of the petitioner to treat him to be disqualified for allotment of land.
However, the said report itself indicates other infirmities including the fact relating to the meeting not having been convened validly. The petitioner does not appear to have challenged the said part of the report relating to the validity of the meeting. Learned counsel submits that the meeting was valid and that the allotment did not suffer from any infirmity. It is this aspect which can be answered by the petitioner while giving his reply to the show cause notice and which is yet to be determined under the statutory provisions of Section 198(4) of the U.P. Z.A. & L.R. Act. In the circumstances, I see no reason to keep this matter pending and therefore the writ petition is disposed of with liberty to the petitioner to file his response to the show cause notice which shall be considered in accordance with law and appropriate orders shall be passed thereon by the respondent no. 1 expeditiously.
Needless to mention that since the petitioner had been favoured with an interim order by this Court way back in the year 1997, no coercive action shall be taken against the petitioner unless the matter is finally disposed of by the respondent no.1.
The writ petition is disposed of.
Order Date :- 15.3.2012 Sahu