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Smt. Tara Devi v. State Of U.P. And Others - WRIT - C No. - 55761 of 2007 [2007] RD-AH 17815 (14 November 2007)

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Civil Misc. Writ Petition No. 55761 of 2007

Smt. Tara Devi


State of U. P. and others

Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioner

Petitioner was allotted land by the land management committee vide resolution dated 9.8.1994 which is stated to have been duly approved by the Sub Divisional Magistrate vide order dated 21.7.1995. An application was filed by respondent no. 4 under Section 198 (4) of the U. P. Zamindari Abolition & Land Reforms Act seeking cancellation of the said allotment. Cancellation was sought mainly on the ground that at the time of grant of Patta, husband of the petitioner was sitting Pradhan of Gaon Sabha and the lease has been granted to the petitioner without prior permission of the District Magistrate as provided under the U. P. Panchayat Raj Act. Objection was also raised with regard to the procedure adopted in making allotment. Collector, Gorakhpur finding that allotment has been made in favour of the petitioner who was wife of sitting Pradhan without any permission as provided under the provisions of the Panchayat Raj Act and four more persons who were close relatives of the members of the land management committee were also allotted land cancelled the allotment. Order was challenged in revision by the petitioner. Board of Revenue vide order dated 26.10.2007 confirmed by the findings recorded by the Collector that proper procedure has not been followed and dismissed the revision. Aggrieved, petitioner has approached this Court.

In view of the findings recorded by two courts below that the lease granted in favour of the petitioner who was wife of sitting Pradhan of Gaon Sabha and various members of the land management committee was without any permission as provided under the U. P. Panchayat Raj Act, I find no infirmity in the impugned order cancelling the lease of the petitioner.

Writ petition accordingly fails and is dismissed in limine.



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