High Court of Judicature at Allahabad
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Kaloo v. Addl. Commissioner (Judicial) Vindhyachal Division & Others - WRIT - C No. 17894 of 2006  RD-AH 7317 (5 April 2006)
Hon'ble Janardan Sahai, J.
The application of the petitioner under Section 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act was rejected by the Collector and revision against the order has also been dismissed. According to the petitioner the land is abadi and could not be allotted. In this writ petition it is alleged in paras 6 and 7 that the entries in the respondent's favour are forged and fictitious. The finding is that there is no abadi on the spot and the patta was allotted to the respondent in the year 1964 whereas the application was filed in the year 1985 and in between the village has been subject to consolidation operations in which no objection was filed and the land is recorded as bhumidari of the respondent. The petitioner took no other proceeding. Learned counsel for the petitioner submits that the patta is a forged one. If that be so no application under Section 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act is maintainable as a forged patta does not require cancellation. That apart on the point consolidation entries unless they are ordered to be expunged as being forged have become final. Dismissed.
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