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Rajendra Kumar v. State Of U.P. & Others - WRIT - B No. - 56420 of 2007 [2007] RD-AH 17966 (16 November 2007)

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Court No. 05


Rajendra Kumar


State of U. P. & Others

Hon'ble Krishna Murari, J.

Heard Sri Ram Autar Verma, learned counsel for the petitioner.

Land Management Committee vide Resolution dated 27.7.2004 made allotment of housing sites under Section 122-C of U. P. Zamindari Abolition & Land Reforms Act (for short the 'Act') in favour of various persons including the petitioner. Said allotment was duly approved by Sub Divisional Magistrate on 18.1.2005. According to the own case set up by petitioner, the allottees could not be put in actual physical possession over the allotted land . It has been categorically alleged in paragraph 10 of the writ petition that land allotted to the petitioner is in illegal occupation of one Sri Pyare Lal. Proceedings for cancellation of allotment under Section 122-C (6) of the Act were initiated by respondent no. 7 on 30.7.3007 which has been registered as Case No. 199 of 2006-07 and is pending before Collector, Allahabad. During the pendency of cancellation proceedings petitioner and other allottees made an application dated 3.8.2007 before respondent no. 4 for being put in possession over the land allotted to them. Respondent no. 4 directed Revenue Inspector to make measurement and to put allottees in possession with police help. The Pradhan of Gaon Sabha and other residents of village approached Commissioner, Allahabad Division Allahabad with the request that measurement and delivery of possession may be kept in abeyance since allotment was illegal and there is a temple standing on the land which has been allotted. Commissioner passed order dated 17.8.2007 directing that measurement and delivery of possession may be postponed till such time cancellation proceedings are pending. He further directed that the cancellation proceedings may be concluded within a month after making spot inspection. Aggrieved by the said order, petitioner has approached this Court.

It has been urged by learned counsel for the petitioner that since no stay order has been passed by the authority where cancellation proceedings are pending, the petitioner is legally entitled to be put in possession over the land which has been allotted to him and the Commissioner has wrongly and illegally directed to postpone measurement and delivery of possession.

I have considered the arguments advanced on behalf of learned counsel for the petitioner and perused the record.

No doubt the petitioner is entitled to be put in possession over the land which has been allotted to him. However, in the facts and circumstances that cancellation proceedings are pending and have been directed to be decided within a month, it would be appropriate to await for the outcome of the said proceedings. No useful purpose would be served by putting the petitioner in possession only to be evicted after sometime in case cancellation proceedings are decided against him.

In view of the aforesaid facts, I decline to interfere in the impugned directions issued by Commissioner, Allahabad Division, Allahabad. The writ petition, accordingly, fails and stands dismissed in limine.




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