JUDGMENT Bhairo Prasad, I.A.S. Member. - This revision has been filed under Section 333, U.P.Z.A. & L.R. Act against the order of Commissioner, Bareilly Division, Bareilly dated 24-4-1991 passed under Section 331-A U.P.Z.A. & L.R. Rules. 2. In brief the facts of the case are that allottee Brij Kishore allotted plot No. 261 Area 1 bigha 15 biswa of village Rampura Pragana Richha for pisciculture on 6-3-1987 by the L.M.C. on the ground that the allottee belongs to Scheduled Caste. 3. However, the present proceeding allotted against the allottee that his annual income is Rs. 6000 p.a. Therefore, he is not entitled for the allotment of the land. It was also reported that he is teacher in the Education department. After notice allottee contested the proceeding that the lease. The land which has been allotted as tank and the allotment has been made for pisciculture. The allotment was made by the Sub-Divisional Officer as there was no Chairman of the L.M.C. He has rare the fish and have taken a loan Rs. 9,500. The allotment was cancelled by the trial court on the ground that the allottee is not entitled for allotment. He has 634 hectares of land. The Additional Collector passed the order on 26-6-1990. Revision has been filed against the order which has been rejected by the commissioner by his order 24-4-1991. 4. I have heard the learned counsel for the revisionist. The D.G.C. (R) is ill. 5. The main contention of the revisionist is that the allotment of the land is for Agricultural purposes as defined under Section 3 (14) of the U.P.Z.A. & L. R Act. The provisions for cancellation of the allotment of land under Section 198(4) of U.P.A.A. & L.R. Act. Hence no allotment can be cancelled of land allotted for the Agricultural purposes under Rule 115(s) of U.P.Z.A. & L.R. Rules. The provision for cancellation of leases or licences under Rule 115(s) is only in respect of the fishing rights or any other product of land of the Gaon Sabha. Under Rule (s) no allotment of land is made. It is a certain rights which are given to the licensee to utilise the products of the Gaon Sabha. Hence the allotment of land under SEction 195 or 197 is different than that of the rights to take produce of the land under Rules 115(s) of the U.P.Z.A. & L.R. Rules.
Under Rule (s) no allotment of land is made. It is a certain rights which are given to the licensee to utilise the products of the Gaon Sabha. Hence the allotment of land under SEction 195 or 197 is different than that of the rights to take produce of the land under Rules 115(s) of the U.P.Z.A. & L.R. Rules. In these circumstances of the case the proceeding adopted by the trial court is against the law and illegal. Therefore it is accordingly quashed. However they are at liberty to proceed under Section 198 (4) of U.P.Z.A. & L.R. Act for cancellation of the lease.