Court No. - 45
Case :- WRIT - B No. - 49516 of 2000 Petitioner :- Ram Swarup Respondent :- Board Of Revenue U.P. At Alld. And Others Counsel for Petitioner :- Prakash Chandra Counsel for Respondent :- C.S.C.,V.K. Singh
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
From the records, it is evident that at the instance of the petitioner, Case No.100/87 under Section 198(4) of the U.P.Zamindari Abolition & Land Reforms Act, 1950 was registered against respondent nos. 4 & 5 for cancellation of Patta.
The Additional Collector (Admn.), District Aligarh vide his order dated 12.5.1998 dismissed Case No.100/98 on the ground that previously also proceedings for cancellation of Patta had been registered against the respondents but the same was dropped by the Additional Collector vide his order dated 20.12.1986 and apart from the aforesaid, the Patta was allotted to the respondents in accordance with law. The said order was affirmed by the Revisional Courts i.e. the Additional Commissioner(Judicial) and the Board of Revenue vide his order dated 27.4.1994 and 24.4.2000 respectively. The order dated 24.4.2000 was passed in absence of the petitioner as he was not present when the case was called for hearing by the Board of Revenue and therefore, the petitioner filed a restoration application which was also rejected by the Board of Revenue vide its order dated 31.7.2000. No fact or document has been brought on record to rebut the findings of the courts below that previously also proceedings for cancellation of Patta had been instituted against the respondents and the same had been dropped as it was found that the allotment was made in accordance with law.
In view of the aforesaid, there is no illegality in the orders dated 12.5.1988, 27.4.1994 and 24.4.2000 passed by the Courts below rejecting the claim of the petitioner for cancellation of allotment made in favour of the respondents. So far as the order dated 31.7.2000 is concerned, the same is an order rejecting the restoration application of the petitioner and it would serve no useful purpose to interfere in the said order as the petitioner has not made out any case on merits against the respondents.
For the aforesaid reason, the writ petition lacks merit and is dismissed.
Order Date :- 29.5.2019 IB