An allotment of land for a housing site under Section 122c of the U. P. Z. A. and L. R. Act, 1950, is void if it lacks the prior approval of the Assistant Collector in charge of the Sub-Division.

( 1 ) THIS is plaintiffs second appeal, which arises out of a suit for permanent injunction and is directed against the judgment and decree dated 19. 8. 1998 passed by IInd Addl. District Judge, bahraich.

( 2 ) IT appears that the plaintiff-appellant filed a suit for permanent injunction prohibitory and mandatory. It was pleaded that the land in dispute (plot No. 771 measuring. O48 hectare) was allotted to him by the Land Management Committee of Gram Sabha on 24. 8. 1977, he was, on the basis of the said allotment, owner in possession of the land in dispute but on account of his poverty, he could not construct his residential house on the land in dispute that the defendants have forcibly occupied the land in dispute. Plaintiff asked the defendants to vacate the land in dispute ; but in vain, hence the suit.

( 3 ) THE suit was contested by the defendants-respondents who have denied the plaintiffs claim. It was pleaded that the plaintiff had no right to file the suit as he was neither the owner nor in possession of the land in dispute. There existed more than 35 years old house of the defendants on the land in dispute. It was pleaded that land in dispute was never auctioned, no resolution was ever passed by the Land Management Committee, no allotment of the same was made in favour of the plaintiff, and that alleged allotment was never approved by the competent authority. Receipt relied upon by the plaintiff and alleged to have been issued by the Pradhan of the village, was a forged document. Certain other technical and legal pleas regarding limitation, bar of section 34 of the Specific Relief Act, etc. were also taken.

( 4 ) TRIAL court on the basis of the pleadings of the parties, framed as many as eight issues, issue no. 2 was as to whether the plaintiff was owner in possession of the land in dispute. Parties produced evidence oral and documentary in support of their cases. The trial court, recorded findings on relevant issues in favour of the plaintiff, and decreed the suit by its judgment and decree dated 29. 8. 1996. Aggrieved by the Judgment and decree passed by the trial court, defendants-respondents filed appeal before the Court below. The court below has reversed the findings recorded by the trial court on all material issues, allowed the appeal and dismissed the suit. Hence, plaintiff-appellant has filed the present second appeal, before this Court.

( 5 ) LEARNED counsel appearing for the appellant has vehemently urged that the resolution passed by the Land Management Committee was acted upon by the parties. Therefore, the same constituted a valid lease in favour of the appellant. The Court below had no jurisdiction to ignore and disregard the allotment of land In his favour, as the same was never cancelled by the competent authority. In support of his submission, he has referred to some decisions alleged to have been reported in Revenue Decisions ; but in spite of opportunity being afforded to him, he failed to produce the same before this Court.

( 6 ) I have considered the submissions made by the learned counsel for the appellant and carefully gone through the record.

( 7 ) THE Court below has recorded a clear and categorical finding to the effect that the allotment alleged to have been made by the Land Management Committee was never approved by the assistant Collector. Incharge of the Sub-Division. Therefore, the same was void and on the basis of the same plaintiff-appellant cannot claim ownership in the land in dispute and had no right to file the suit. Section 122c (2) and (4) of the U. P. Z. A. and L. R. Act and the Rule 115nc-General (2) of the Rules framed under the said Act, are relevant for the purposes of the present case, which are quoted below :

122c. Allotment of land for housing site for members of Scheduled Castes, agricultural labourers, etc.-- (1 ). . . . . . . . . . . . . . . . . . . . . (2) Notwithstanding anything in Sections 122a. 195, 196. 197 and 198 of this Act, or in Sections 4,