High Court of Judicature at Allahabad
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Hariram v. Addl. Commissioner Adminstraton Basti Division & Others - WRIT - C No. 18438 of 2006  RD-AH 7200 (4 April 2006)
Hon'ble Janardan Sahai, J
The petitioner filed an application for cancellation of the patta of the respondent no.4.which was rejected. The revision filed against that order too has been dismissed by the order dated 13.1.06 passed by the Addl. Commissioner (Admn,) Basti Division, Basti. The petitioner claims title over the disputed land and his case is that the land has been settled with him under Section 9 of the U.P.Zamindari Abolition & Land Reforms Act and does not vest in the Gaon Sabha. Application for cancellation of the pattta is not the remedy in such a case but a suit for declaration of title. The petitioner has not made any prayer alleging that he belongs to the preferential category and that the land may be allotted to him. The cancellation is sought on the ground that the disputed land is settled with him under Section 9 of the U.P.Zamindari Abolition & Land Reforms Act. The petitioner is setting up an adverse title to the Gaon Sabha and was himself not asking allotment by patta but a declaration of his title. The Collector has rightly rejected his application. The petitioner is not an aggrieved person for purposes of an application for cancellation of patta and his remedy is to file a declaratory suit . Dismissed.
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