Leeladhar vs State Of Uttarakhand

Manoj Kumar Tiwari, J

This writ petition is filed under Article 227 of Constitution of India. Petitioner has challenged orders dated 07.12.2020 and 08.07.2021, passed by Collector/District Udham Singh Nagar in Case No. 51/03 of 2019-20. He has also challenged judgment dated 30.05.2024, rendered by Additional Commissioner, Kumaon Division in Revision No. 159/2020-21, 11/2022-23.

In the year 2000, petitioner was allotted 0.835 hectares land situate in village Kusmoth, Tehsil Sitarganj, District Udham Singh Nagar under Government Grants Act for agricultural purposes. One of the condition mentioned in the allotment order was that the land is non transferrable and petitioner cannot part with possession of the land in favour of any other person.

Subsequently, it was found that petitioner had parted with possession of the land and one Shir Prem Prakash Singh son of Shri Keshav Nath Singh was cultivating the said land. On a report submitted by Joint Magistrate, Sitarganj, proceedings for cancellation of allotment made in favour of petitioner were initiated by issuing a notice. Collector/District Magistrate ultimately cancelled the allotment vide order dated 07.12.2020.

Petitioner moved an application seeking recall of the order dated 07.12.2020 on the ground that notice of the proceedings was not served upon him. The recall application was rejected by Collector/District Magistrate, vide order dated 08.07.2021, by holding that petitioner’s father had received the notice and in the recall application, petitioner has not mentioned that his father lives seperately. Petitioner, then filed a Revision Petition which was dismissed by Additional Commissioner, Kumaon Division vide judgment dated 30.05.2024.

This Court do not find any reason to interfere in the matter. Perusal of the record reveals that notice of the cancellation proceedings initiated by Collector/District Magistrate, Udham Singh Nagar, was issued which was received by petitioner’s father, however, petitioner chose not to participate in the cancellation proceedings.

The proceedings before Collector were initiated based on report submitted by officials of Revenue Department in which it was stated that petitioner do not reside in the concerned village; he was never in possession of the land allotted to him and he has handed over possession thereof to one Shri Prem Prakash Singh. The report of the Revenue Inspector submitted on 07.12.2019 indicates that Prem Prakash Singh was found in possession over the land in question. Since petitioner violated the condition of allotment, therefore the Collector/District Magistrate cancelled the allotment made in favour of petitioner.

Allotment under Government Grants Act is governed by terms and conditions stipulated in the allotment order. Since land was allotted to petitioner for agricultural purposes and instead of doing farming himself, he handed over possession of the land to some other person, therefore, cancellation of allotment by Collector cannot be faulted.

Thus, there is no scope for interference in the matter. Writ petition fails and is dismissed.