JUDGMENT S.K. Lakhtakia, M. - This is a revision against the order of the Additional Commissioner, Meerut Division, Meerut dated 19.5.1982 dismissing the revision of the revisionist filed against the order of the Assistant Collector 1st Class, Bulandshahr dated 22.9.1980 in case No. 17/1951, 93/201 under section 115-P of U.P. Act No. 1 of 1951. 2. The facts of this case in brief are that a patta for constructing a house was made in favour of the revisionist by the L.M.C. in 1975. On an application of the opposite party namely Ahmad Ali and others the patta was cancelled after due hearing on the ground that the land was not abadi but was rasta and no patta for constructing a house could be executed about such land. The same order was upheld in revision, hence this revision. 3. Heard the learned Counsel for both the parties. Perused the record. 4. The learned Counsel for the revisionist argued that the revisionist had constructed their house and that the cancellation of the patta would cause great hardship because the constructions will have to be removed. It was further argued that no irregularity was committed in the allotment and that the rasta can also be given in patta for housing purposes. 5. I am afraid none of the arguments of the learned Counsel for the revisionist carries any force. The revisionist do not belong to a scheduled caste and they could be allotted land only under Rule 115-N of the U.P. Z.A. and L.R. Rules which reads as follows: "Rule 115-N (1) Whenever the Management Committee proceeds to allot housing sites under Rule 115-L or 115-M, it shall announce by beat of drum in the village the exact location of the sites to be allotted, the time, the date and venue of allotment. (2) All allotments shall be made by Land Management Committee in a meeting held for the purpose on the date announced under sub-rule (1).
(2) All allotments shall be made by Land Management Committee in a meeting held for the purpose on the date announced under sub-rule (1). Where more than one person belonging to the same order of preference express their desire to be allotted a particular site, the said committee shall draw lots to determine the person to whom the site should he allotted: Provided that the prior approval of the Assistant Collector in charge of the sub-division shall be obtained for every allotment under Rule 115-L or 115-M. (3) The allottee of the housing site shall be given a receipt for the premium, if any, paid by him to the Land Management Committee and a certificate of allotment. The certificate shall be in Z.A. Form 49-F which shall be prepared in two parts, the main certificate being given to the allottee and its counterpart remaining with the Land Management Committee for record." 6. The wordings of sub-rule (1) clearly indicate that only abadi site other than referred to in Rule 115-N and already vested in Gaon Sabha can be allotted for residential purposes. This rule does not include rasta for the construction of a house. As a matter of fact when the land has been ear-marked as a rasta no construction of any sort can be permitted thereon because that would create obstruction in the passage of the people. Consequently the land comprised in a rasta cannot be allotted for construction of houses and the patta in contravention of the provisions of Rule 115-N has to be cancelled. 7. In view of the above discussion I find that order of both the courts below do not suffer from any infirmity or irregularity and so they must be maintained. This revision has no force and is dismissed.