(1) At the outset, learned counsel for the petitioners prays for and is granted leave during the course of the day to correct the array of the respondents. The State of U.P. through Principal Secretary, Revenue shall be arrayed as respondent no.1 and the Collector, Balrampur, be arrayed as opposite party no.2, the same shall be done as prayed, today itself.
(2) Heard learned counsel for the parties and perused the record.
(3) The petitioners are aggrieved by the order dated 22.08.2019 passed by the opposite party no.2-Collector, Balrampur, on the complaint being made by one Hari Ram S/o Mangal Resident of Village Baram Bhari, Pargana & Tehsil Utraula, District Balrampur on 17.08.2015.
(4) It has been submitted by the learned counsel for the petitioners, who are three in number, that their allotment was challenged on baseless ground by the complainant as the complainant was found ineligible for allotment of Abadi site himself in the Enquiry that was carried out by the Lekhpal. Since the complaint itself was not maintainable, the Collector could not have passed the order impugned.
(5) This Court has gone through the order passed by the Collector, it finds therefrom that the Collector has taken into account the fact that even though the Land Management Committee was existing and functioning, no proposal was initiated by the Land Management Committee but the area Lekhpal himself out of his own discretion, without issuing any agenda notice with regard to the proposed allotment of housing sites, had surreptitiously allotted the land to the petitioners and other persons. It was found that the petitioner no.1 is the Daughter-in-law of one Shri Ram and Shri Ram had three sons who were working in Saudi Arabia and had immense wealth in the form of both moveable and immovable property.
(6) On a perusal of the order of the Collector, this Court finds that he has rightly ordered that all such allotments made without there being any proposal of the Land Management Committee, without there being any agenda notice circulated in the village itself for consideration of all eligible persons, were vitiated. He has cancelled all such allotments and has directed that the file relating to the allotments shall be returned to Sub Divisional Magistrate, Utraula, who shall thereafter, ensure that the proper notice is issued and on proposal of the Land Management Committee, all eligible persons of the village concerned are considered and then housing sites allotted.
(7) Since the Collector, Balrampur, has not mentioned any time limit for conclusion of such allotment procedures, this Court modifies the order dated 22.08.2019 and directs that after SDM, Utraula, receives the records from the office of the Collector, Balrampur, which he may have already received because the order is three months old, SDM, Utraula, shall ensure that the Rules are following strictly and all eligible persons are considered of the village concerned, and fresh allotment orders are issued thereafter within a period of three months from the date a certified copy of the order is produced before him.
(8) Till such time that fresh allotment orders are issued as aforesaid, the petitioners' hutments may not be removed if the petitioners do not have any other house to live in.
(9) The writ petition stands disposed of finally.
Order Date :- 29.11.2019 PAL