High Court of Judicature at Allahabad
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Pawan Kumar v. State Of U.P. & Others - WRIT - C No. 5176 of 2006  RD-AH 2141 (27 January 2006)
Hon'ble Janardan Sahai, J
Heard counsel for the petitioner and Shri N.N. Verma holding brief for Shri V.K. Singh counsel for respondent no. 2.
The disputed land was originally allotted to respondent no.3 Smt. Bhoori Devi. It appears that the allotment was cancelled in proceedings under Section 198 of the U.P. Zamindari Abolition & Land Reforms Act on the ground that she had abandoned the land. Counsel for the petitioner states that she was found to be ineligible. The petitioner's case is that after the cancellation of the patta of respondent no.3, the land was allotted to the petitioner. Subsequently the respondent no.3 made an application to set aside the order cancelling her allotment. Her application was allowed. Against the order, the petitioner filed a revision, which has been dismissed. The finding is that the respondent no.3 was not heard before the order cancelling her patta was passed. The authorities below have also found that respondent no.3 was in possession. The petitioner being a subsequent allottee, his rights are dependent upon the fate of the allotment in favour of the third respondent.
In view of the findings aforesaid the order passed by the authorities below does not suffer from any error. Dismissed
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