Hon’ble Pankaj Mithal, J.—In this writ petition the question which surfaces for consideration is whether the petitioner was eligible for allotment of land under the scheme of the Bhoodan Yagna and the provisions of Section 14 of the U.P. Bhoodan Yagna Act, 1952 (hereinafter referred as Act) and if not whether allotment made in favour of the petitioner was liable to be cancelled in exercise of powers under Section 15-A of the Act.

2. Admitted facts are that the petitioner is an institution recognized under the U.P. Intermediate Education Act, 1921 and is imparting education including the subject of agriculture. Petitioner by the very nature of its activity is not an agriculturist and is not earning livelihood through agriculture. Nonetheless, petitioner was allotted various plots of land, 16 in number having a total area of 24.30 acre situate in village Bhadua, Pargana Bharthana, Tehsil and District Etah, under Section 14 of the Act.

3. On a complaint made by one Rookampal Singh, that the land was illegally allotted to the petitioner under the Act, the Up Zila Adhikari submitted a report dated 3.7.2006. On the report Case No. 7 of 2007 under Section 15-A of the Act was registered on 29.11.2006 against the petitioner for the cancellation of the allotment of the aforesaid plots.

4. After notice was issued to the petitioner and an objection was filed by it and on inquiry in respect whereof report was submitted by the Up-Zila Adhikar on 1.8.2008, the Collector vide impugned order dated 21.10.2011 cancelled the allotment made in favour of the petitioner inter alia on the ground that the petitioner was not entitle to allotment of any land under the Bhoodan Scheme and the provisions of the Act. The petitioner is not a landless agricultural labourer and that it had about 10 hectares of land in its name at the relevant time.

5. I have heard Sri P.N. Saxena, Senior Advocate, assisted by Sri Sanjeev Kumar Pandey, learned counsel for the petitioner and Sri Rajesh, learned Standing Counsel appearing for the respondents.

6. Sri Saxena has advanced two arguments in order to assail the impugned order passed by the Collector. First the petitioner is a ‘person’ and is therefore, eligible for allotment. Secondly, the provision of Section 15-A of the Act which was introduced by U.P. Bhoodan Yagna (Amendment) Act, 1975 cannot be applied retrospectively in respect of allotments made prior to it so as to cancel the allotment.

7. It is true that initially there was no provision under the Act authorizing any authority or the Collector to cancel any grant made under the Act. However, later on it came to the notice of the Government that certain undeserving persons have obtained grant of lands under the Act either by misrepresentation or playing fraud or otherwise. Therefore, it was felt desirable to invest the Collector with the power to cancel the grants obtained/received by misrepresentation or fraud or where it is found that the grant has been made to ineligible persons. Thus, Section 15-A of the Act was introduced by U.P. Act 10 of 1975 w.e.f. 21.1.1975.

15-A. Cancellation of certain grants.—(1) The Collector may of his own motion and shall on the report of the committee or on the application of any person aggrieved by the grant of any land made under Section 14, whether before or after the commencement of the Uttar Pradesh Bhoodan Yagna (Amendment) Act, 1975, inquire into such grant, and if he is satisfied that the grant was irregular or was obtained by the grantee by misrepresentation or fraud, he may-

(i) cancel the grant, and on such cancellation, notwithstanding anything contained in Section 14 or in any other law for the time being in force, the rights, title and interest of the grantee or any person claiming through him in such land shall cease, and the land shall revert to the committee; and

(ii) direct delivery of possession of such land to the committee after ejectment of every person holding or retaining possession thereof, and ma