JUDGMENT Bhairo Prasad, M. - This revision has been filed under Section 333 of U.P. Act No. 1 of 1951 against the order of Addl. Commissioner, Agra Division, Agra dated 11.9.1986 passed in revision No. 64 of 1985-86 under Section 333-A of U.P. Act No. 1 of 1951 against the order of Addl. Collector, Etah dated 29.1.1986 passed in proceeding No. 130 of 1982 under Section 198 (4) of U.P. Act No. 1 of 1951. 2. The allotment of the revisionists was cancelled by the Collector after serving show cause notice to them on the ground that they are not resident of the village. They possessed land in other villages. They are not landless agricultural labourer belonging to scheduled caste. The landless agricultural labourer belonging to scheduled caste were not allotted the land. He, therefore, cancelled the lease of revisionists. Against that order of the Addl. Collector revision was filed and that revision was too dismissed by the Addl. Commissioner, hence this revision under Section 333-A of U.P. Act No. 1 of 1951. 3. I have heard the learned counsel for both the parties. Perused the record. 4. Learned counsel for the revisionist argued that irrespective of the fact that the allottees are not member of the Scheduled caste but they can be allotted land also in the village in spite of the' fact that they are not resident of the village. His contention was that allotment was done in 1978 and the provision of Section 198 (1) of U.P. Act No. 1 of 1951 existed at that time. 5. Learned D.G.C (R) argued that no provision of law exists after the amendment of U.P. Z.A. and L.R. Act in 1975 to allot land to any other person than the resident of the village and the member of the scheduled caste belonging to landless agricultural labourer of the village or Nyaya Panchayat. 6. The contention of the learned counsel for the revisionist is that allotment was done in 1978 and the provisions of Section 198 (1) existed at that time, but this is not the fact. The person who can be allotted land under Section 198 (1) of U.P. Act No. 1 of 1951 was changed by the amending Act of U.P. Z.A. and L.R. Act 1975. The Sub-Section (i) of Section 198 was totally omitted and it has nut been incorporated in that amendment.
The person who can be allotted land under Section 198 (1) of U.P. Act No. 1 of 1951 was changed by the amending Act of U.P. Z.A. and L.R. Act 1975. The Sub-Section (i) of Section 198 was totally omitted and it has nut been incorporated in that amendment. In these circumstances of the fact there is no provision now from that date to allot the land to any other person who are not resident of the village. In these circumstances of the fact there is no force in the contention of the learned counsel for the revisionist. Therefore, the order passed by both the courts below are perfectly legal and justified. Hence there is no force in this revision. 7. Therefore, this revision is accordingly dismissed.