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2006 DIGILAW 1561 (ALL)

HARPAL SINGH & PRAKASH v. BOARD OF REVENUE

2006-07-03

S.U.KHAN

body2006
JUDGMENT Honble S.U. Khan, J.—Writ Petition was filed by 20 persons, who were allottees of Gaon Sabha land. Allotment had been made under Section 195/198 of U.P. Zamindari Abolition and Land Reforms Act to the petitioners and some other persons. The said allotment was challenged by respondents No. 2 and 3 Palla and Dharam Pal only in respect of the 20 petitioners. The application for cancellation of Patta in favour of 20 petitioners was dismissed by A.D.M. Revisions filed against the said order were also dismissed by Additional Commissioner and thereafter matter was brought before the Board of Revenue in revision. The Board of Revenue remanded the matter to the trial Court. The judgment and order of Board of Revenue was challenged through the aforesaid writ petition. I allowed the writ petition on 27.5.2005 holding that the land in dispute was a pasture land and it could not be allotted. Through the said judgment earlier allotment in favour of respondents 2 and 3 was also set aside. Sub-Divisional Officer was directed to dispossess the petitioners, respondents No. 2 and 3 and any other person who might be in possession over the land in dispute and deliver the possession of the land in dispute to the Gaon Sabha for being maintained as pasture land. Writ petition was allowed on 27.5.2005. Thereafter several recall applications were filed and I dismissed all the recall applications on 31.3.2006. One of the recall applications had been filed by Harpal Singh, who has filed this review application. The number of the said recall application was 177609 of 2005. The said recall application was also dismissed by the aforesaid order dated 31.3.2006. 2. The case of Harpal Singh was that he had purchased an area of 0.4100 hectares from Shrimati Sumitra Devi, wife of Surjeet through registered sale deed dated 23.3.2001 for a sale consideration of Rs. 1,10,000/- after obtaining permission from the Sub-Divisional Officer/Deputy Collector, Deoband district Saharanpur. He further stated that Shrimati Sumitra Devi was also allotted land like the petitioners of the writ petition but her allotment was never challenged. 1,10,000/- after obtaining permission from the Sub-Divisional Officer/Deputy Collector, Deoband district Saharanpur. He further stated that Shrimati Sumitra Devi was also allotted land like the petitioners of the writ petition but her allotment was never challenged. It appears that respondents No. 2 and 3 were claiming to be previous allottees of a portion of the land allotted by Gaon Sabha to different persons and they had sought cancellation of Patta of only those 20 persons who were petitioners in the writ petition on the ground that the portion which the respondents No. 2 and 3 claimed to have been allotted to them earlier was wrongly allotted again to those 20 persons. No proceedings for cancellation of patta in favour of other persons was taken by any one. Resolution of allotment of land was passed by Land Management Committee on 14.4.1990. 3. As far as principle of bar of Order XLVII Rule 9, C.P.C. prohibiting entertainment of application to review an order made on an application for review is concerned, the same is not applicable to the instant review petition. When writ petition was decided Harpal Singh was not a party. The order passed on 31.3.2006 rejecting his recall application cannot be said to be an order passed on review petition. 4. In my opinion, as allotment of land was made more than 15 years before and no proceedings for cancellation of allotment, except in respect of 20 petitioners, were taken, hence interest of justice will best be served by maintaining the allotment of those persons against whom no proceedings for cancellation have been taken till date on payment of reasonable compensation/damages by them to Gaon Sabha. Moreover, under Section 198(4), (5) and (6) of U.P. Zamindari Abolition and Land Reforms Act, for cancellation of allotment of land made after 10.11.1980, show cause notice is to be issued before expiry of a period of five years from the date of allotment. 5. Accordingly both the orders, dated 27.5.2005 and 31.3.2006 are modified and it is directed that the possession of the allottees to whom the land was allotted by Land Management Committee through resolution dated 14.4.1990, other than the 20 petitioners, shall not be disturbed provided that they pay damages/compensation to the Gaon Sabha at the rate of Rs. 50,000/- per hectare within six months from today. Applicant in this review petition Harpal Singh is required to pay Rs. 50,000/- per hectare within six months from today. Applicant in this review petition Harpal Singh is required to pay Rs. 20,500/- to the Gaon Sabha. The amount so paid shall be utilized for the development of the Village in accordance with relevant rules, regulations and orders with the express permission of the Sub-Divisional Officer. It is directed that no further allotment of pasture land in question shall be made by the Gaon Sabha. Cancellation order in respect of the 20 petitioners shall stand. If any allottee, other than 20 petitioners, does not deposit the amount at the aforesaid rate within six months from today, then his allotment shall stand cancelled and he shall be dispossessed after a period of six months. Apart from Harpal Singh, the other allottees (except the 20 petitioners) shall be issued notice by the Sub-Divisional Officer for making deposit in accordance with this judgment. 6. Let a copy of this order be supplied free of cost to Sri S.P. Misra, learned Standing Counsel within three days for immediate communication to Sub-Divisional Officer/Deputy Collector, Deoband, district Saharanpur. 7. Review application is accordingly disposed of. Order Accordingly. ————