JUDGMENT Honble S.U. Khan, J.—Heard learned counsel for the parties. 2. This writ petition arises out of proceedings for cancellation of patta under Section 198(4) of U.P.Z.A. & L.R. Act. Gaon Sabha/Land Management Committee through resolution dated 11.12.1992 allotted patta of different portions of land vested in it to 36 persons including Smt. Son Kali-respondent No. 1. Petitioner’s father late Shri Radhey Shyam challenged the said order through application under Section 198 (4) of U.P.Z.A. & L.R. Act on the ground that he was in possession since before Zamindari Abolition over the land in dispute hence it was not vacant and patent grounds that there was no agenda, no munadi and provisions of Rules 173 to 176 of U.P.Z.A. & L.R. Rules were violated were also taken. Smt. Son Kali was allotted an area of 1 bigha 10 biswas out of Gaon Sabha plot No. 2119/2. In para-5 of the writ petition it has been stated that the said plot was in actual cultivatory possession of late Radhey Shyam-father of the petitioner since before the abolition of Zamindari. This allegation is patently false as at no point of time land in dispute was entered in the revenue record in the name of Late Radhey Shyam. Since Zamindari abolition it was entered as Gaon Sabha land. Even if it is assumed that Radhey Shyam was in possession, his possession was absolutely unauthorised and such a person is not entitled to challenge the allotment proceedings. 3. The case initiated by Radhey Shyam was registered as case No. 9/96-97 Radhey Shyam v. Son Kali. Collector, Kanpur Dehat decided the matter on 26.8.1998 and held the allotment in favour of respondent No. 1-Son Kali to be valid. Cancellation application was accordingly dismissed. Respondent No. 1 had also contended that she had undergone tubec-tomy operation. The Collector also found that respondent No. 1 was otherwise also entitled for allotment. The Collector found that agenda was properly circulated and munadi was also done and that she was also delivered possession through dakhalnama. Against the said order petitioner filed revision being revision No. 46/159 of 1998-99 which was dismissed on 13.7.2000 by Additional Commissioner (Administration) hence this writ petition. 4. Courts below also held that consolidation had taken place in the village in question and petitioner did not file any objection regarding his right over the land in dispute.
Against the said order petitioner filed revision being revision No. 46/159 of 1998-99 which was dismissed on 13.7.2000 by Additional Commissioner (Administration) hence this writ petition. 4. Courts below also held that consolidation had taken place in the village in question and petitioner did not file any objection regarding his right over the land in dispute. Lower Revisional Court further held that petitioner possessed sufficient land and petitioner did not belong to scheduled caste and that apart from petitioner no other person challenged the allotment which was made in favour of 36 persons including respondent No. 1. Before the Courts below no such argument was raised that respondent No. 1 or her husband already possessed sufficient land. 5. The finding recorded by the Courts below are basically findings of fact requiring no interference in exercise of writ jurisdiction. Petitioner’s father’s claim of possession or any sort of right was also barred by Section 49 of U.P.C.H. Act. 6. However, there is one general aspect of the matter regarding allotment of Gaon Sabha land which requires consideration. Generally complaints are filed that proceedings of allotment are done surreptitiously and in-fact residents of the village in question do not get information of allotment. The procedure of munadi through beating of drum as provided under Rule 173 of U.P.Z.A. & L.R. Rules has become obsolete. It is extremely difficult if not impossible to prove as to whether munadi was done through beating of drum or not. In every village in Uttar Pradesh several persons read newspapers. Accordingly, it is essential that information regarding allotment shall be published in some such Hindi newspaper which has got wide circulation in the area like ‘Dainik Jagran’ or ‘Amar Ujala’ atleast two weeks in advance so that all those persons who belong to the eligible category and who are desirous of getting allotment of Gaon Sabha land may apply for the same. In this manner procedure of allotment will be completely aboveboard and transparent. 7. In the following authorities even though in the relevant rules or regulations publication in the newspaper was not provided still the Courts held that advertisement/publication shall be made in the newspapers : 1.
In this manner procedure of allotment will be completely aboveboard and transparent. 7. In the following authorities even though in the relevant rules or regulations publication in the newspaper was not provided still the Courts held that advertisement/publication shall be made in the newspapers : 1. (a) AIR 1984 SC 363 , B.S. Minhas v. Indian Statistical Institute; (b) AIR 2006 SC 1165 , Union Public Service Commission v. Girish Jayanti Lal Vaghela; (c) AIR 2006 SC 1806 (para 30) (Constitution Bench) Secretary, State of Karnataka v. Umadevi. 8. In these cases it has been held that for appointment to any post under the government or governmental instrumentality advertisement must be made in the newspaper. 2. Jagdish v. D.J., 2002 (1) ARC 327 9. In this case it has been held that vacancy of a building under Section 14 of U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 shall be advertised in the newspaper before making allotment. 3. (a) K.N. Dwivedi v. D.I.O.S., 1994 (1) UPLBEC 461 (b) Radha Raizada v. Committee of Management, (1994) 3 UPLBEC 1551 10. In these cases provision of notifying a short-term vacancy in a college on the notice board of the college as provided by IInd Removal of Difficulties Order under U.P. Secondary Education Services Selection Board Act, 1982 was held to be illegal and violative of Articles 14 and 16 of the Constitution of India and it was directed that even for making appointment against short-term vacancy post shall be advertised in the newspaper as provided under Ist Removal of Difficulties Order, 1981 framed under the said Act for appointment against the substantive vacancies. 4. Ram Kumar v. State, 2005 (99) RD 823 (F.B.) In this authority it has been held that fisheries lease in respect of ponds vested in Gaon Sabha under Section 117 of U.P.Z.A. & L.R. Act shall be settled after due advertisement in the newspapers. 5. AIR 2008 SC 2854 , State of U.P. v. M/s Swadeshi Polytex Ltd. In this case it has been held that for auctioning the property for realisation of dues under the provisions of State Financial Corporation Act or U.P.Z.A. & L.R. Act/Rules date and venue of auction and details of the property shall be published in the newspapers. 11. We are in right to information age. Villagers are being taught the use of computer and internet.
11. We are in right to information age. Villagers are being taught the use of computer and internet. Accordingly beat of drum belongs to an age which has gone by. 12. Supreme Court in AIR 1979 SC 1628 , Ramana Dayaram Shetty v. International Airport Authority of India, has held that Government or Governmental agency/instrumentality while extending largess must act in a reasonable manner and not arbitrarily providing full opportunity to all to make a claim for the same. 13. Under Section 198(3) it is permissible to allot Gaon Sabha land to a deserving person to a maximum extent of 1.26 hectares or 3.125 acres of land. However, this is maximum area which may be allotted. With the increase of population it is not at all necessary to allot so much area to one person. Smaller areas allotted to larger number of people will serve the public purpose in a better way. 14. Accordingly, it is directed that henceforth no allotment of Gaon Sabha land under U.P.Z.A. & L.R. Act and the Rules framed thereunder shall be made unless date of allotment is advertised in some such daily newspaper which has got wide circulation in the area in question (e.g. Dainik Jagran and Amar Ujala) atleast two weeks in advance. Through advertisement applications from deserving persons with sufficient details shall be invited and the available land shall be allotted to all the deserving applicants. The applications shall be entered in a register specifically maintained for the said purpose. The receipt of applications must be issued to the applicant and applications shall be preserved at least for seven years. This procedure shall be followed for making allotment of ceiling land also as under Section 27 (3) of U.P. Imposition of Ceiling on Land Holdings Act allotment is to be made in accordance with the order of preference and subject to the limits specified in Section 198 of U.P.Z.A.& L.R. Act. 15. With the above observations, writ petition is disposed of. 16. Office is directed to supply a copy of this judgment free of cost to learned Chief Standing Counsel for being circulated to the Secretary concerned and all the Collectors who shall in turn circulate the same to all the Sub Divisional Officers and Pradhans of Gaon Sabhas in their districts. ———