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Kishori Lal v. State Of U.P.And Others - WRIT - C No. 822 of 1986 [2007] RD-AH 6966 (17 April 2007)


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(Judgment reserved on 14.03.2007)

(Judgment delivered on  17.04.2007)

Civil Misc. Writ Petition No.822 of 1986

Shri Kishori Lal Vs. State of U.P. and others

Hon'ble S.U. Khan, J.

Heard learned counsel for the parties.

The petitioner was allotted Patta on 26.03.1971 of an area of 2.95 acres of land comprised in plots No.1141, 1142, 1152 and 1162 under Section 27(3) of U.P. Imposition of Ceiling on Land Holdings Act, 1960. Proceedings for cancellation under Section 27(4) of the Act were taken and Patta was cancelled by the Commission. Thereafter, on 04.12.1976, the same land was allotted to Respondents No.3 & 4, Ramdass and Mukandi. The petitioner challenged the cancellation order. The proceedings for cancellation of petitioner's Patta as well as of Respondents No.3 & 4 continued to shuttle between the different Courts. The matter had also been brought earlier to this Court through writ petition No.10562 of 1981. Through the said writ petition, order dated 27.07.1981 of Additional Commissioner, Agra Division, Agra, canceling the Patta of Ramdass and Mukandi (Respondents in this writ petition and petitioners in the earlier writ petition) was challenged. This Court allowed the writ petition on 20.10.1982 set aside the said order and remanded the matter to Commissioner. It was specifically directed that Commissioner must decide as to whether Kishori Lal (petitioner of this writ petition and respondent of the said writ petition) was landless agricultural labour or not.

Under Section 27(3) of Ceiling Act, while allotting the land preference provided under Section 198 of U.P.Z.A. and L.R. Act, 1950, is to be kept in mind and under the said provision being landless agricultural labour is not only preferential but in most of the cases essential qualification. Thereafter, Additional Commissioner, Agra Division, Agra, through order dated 30.09.1985 passed in Case No.141 of 1978-79, Ramdass Vs. Kishori Lal held that Kishori Lal was not landless agricultural labour. The said order has been challenged through this writ petition.

The learned Additional Commissioner held that Kishori Lal was not landless agricultural labour and said finding was mainly based upon the own statement of petitioner's witnesses. They all deposed that petitioner was employed on monthly wages in a temple. In this writ petition on 15.01.1986, it was directed that "The learned counsel for the petitioner shall obtain copy of the statement of the witnesses to challenge the findings recorded by the authorities concerned." The copies of the statements have not been filed. I do not find any error in the impugned order passed by the Additional Commissioner. It is based upon own admissions of petitioner's witnesses including his son. It is important to note that petitioner himself did not enter in the witness box.

Accordingly, I do not find any error in the impugned order, hence writ petition is dismissed.

Date: 17.04.2007



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