The main legal point established is that fraudulent land allotments are void ab-initio and cannot be upheld, and that reservations of land cannot be changed.

Anjani Kumar Mishra,J.

Heard Sri H.M. Srivastava, learned counsel for the petitioner, Sri Vishal Khandelwal, respondent no.5 and Sri Manu Singh for the Land Management Committee, respondent no.11 as also the learned Standing Counsel for the State-respondents.

2. The writ petition arises out of proceedings under Section 198(4) of the U.P. Zamindari Abolition and Reforms Act and seeks a writ of certiorari quashing the order dated 07.12.2012 passed by the Collector, Etah and the order dated 16.03.2016 passed by the Additional Commissioner(Judicial) whereby the order of the Collector has been affirmed.

3. Additionally a mandamus has been sought, directing the respondent no.2 to consider the prayer of the petitioner no.2 for changing the nature of plot no.204, recorded as a cremation ground.

4. The contention of the learned counsel for the petitioner is that an area of 0.4050 Hectare of plot no.204 was allotted to the petitioner a private, Junior High School in accordance with law in the year 1981; the School is running over the plot in question since the year 1989 and is a duly recognized School. The land in question is therefore being used for a public purpose. The proceedings for cancellation of the lease were initiated more than 10 years after the allotment was made and were therefore, highly belated. It is also contended that plot no.204 is not recorded as Marghat in the revenue records.

5. It is lastly contended that earlier also the matter had come up before this Court. Vide judgment and order dated 06.09.2012, the petition of the petitioner was allowed and the matter was remanded to the Collector to consider whether the proceedings were barred by limitation, as prescribed in Section 198(6)(1) b of the Act. This aspect has not been considered in the order impugned despite the categorical directions of this Court in its order of remand.

6. Learned counsel appearing for the respondents have supported the impugned order. They have submitted that the Courts below have considered the question of limitation and have held that the allotment, in favour of the petitioner, to be void, abinitio.

7. The land in question was recorded as Marghat in the revenue records, having been so reserved, during consolidation operations. It was public utility land governed by the provisions of Section 132 of the Act and could not have been subject matter of an allotment. The Court below have also observed that dismissing the proceedings on the ground of limitation would lead to failure of justice.

8. I have considered the submissions made by the parties and have perused the record.

9. At the very outset, it would be relevant to note that this Court repeatedly enquired from Sri H.M.Srivastava, appearing for the petitioner as to the provision of law where under the Gaon Sabha was competent to allot land to a private Junior High School. Despite, long arguments, Sri H.M. Srivastava has not been able to submit even a word of this important query of the Court.

10. The Gaon Sabha is competent to allot the land vested in it in accordance with the provisions contained in Section 195 of the Act. The actual procedure and the order of preference for eligible persons entitled to allotment of land mentioned in Section 195, is provided under Section 198 of the Act. The same is extracted below -

11. Section 198. In the admission of persons to land as [Bhumidhar with non-transferable rights] or asami under Section 195 or Section 197 (hereinafter in this section referred to as allotment of land) the Land Management Committee shall, subject to any order made by a Court under Section 178, observe the following order of preference :

(a) landless widow, sons unmarried daughters or parents residing in the circle of a person who has lost life by enemy action while in active service in the Armed Forces of the Union;

(b) a person residing in the circle, who has become wholly disabled by enemy action while in active service in the Armed Forces of the Union;

(c) a landles