( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution.

( 2 ) THE applicants, Shitab Singh, Bhola Singh and Sheo Baksh Singh pray that the order of allotment to the opposite parties of certain agricultural lands passed by the Deputy commissioner, Kheri, on 4-4-1951, under Section 3, Land Utilisation Act (V of 1948) be cancelled and the petitioners be permitted to retain the plots to which the aforesaid order related. Section 3 of the Act provides that

" (1) Notwithstanding anything contained in the Uttar Pradesh Tenancy Act, 1939, or in any other enactment for the, time being in force, the Collector may, by notice in writing in the form specified in the Schedule, call upon the landlord of any land situated within his jurisdiction, which is not grove-land or land let to or held by a tenant, and which has not been cultivated or, if previously cultivated, has not been cultivated during the Rabi and Kharif immediately preceding the commencement of this Act, to let out such land or pre-arrange for the cultivation thereof within fifteen days from the date of the service of such notice or within such further period as the collector may extend:

"provided that no notice shall

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