Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.

JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri Rajeev Narayan Pandey, learned counsel for the petitioners, Sri Mohan Singh, learned counsel for respondent No.4, Sri Satya Prakash, learned counsel for respondent No.3 and Sri Rajiv Srivastava, learned Additional Chief Standing Counsel for respondent No.2.

2. The present writ petition has been filed against the impugned orders dated 20.10.1997 - annexure 6 to the writ petition and order dated 19.01.2001 passed by respondent No.2 and 1 respectively.

3. Factual matrix of the case is that Gata no. 1135 area 6 biswa 5 biswansi recorded as “Reserve for general Abadi” in khasra of fasli year 1395. Vide Resolution dated 3-12-1983 Land Management Committee allotted 1 Biswa each to both the petitioner and also allotted 1 Biswa to O.P. no. 3 and his father gata no. 1135 and in pursuance of that petitioner deposited the Nazrana on 28/05/84 and thereafter petitioners and O.P. no. 3 possess the allotted land.

4. Opposite party no. 3 filed a Suit no. 41/1988 Om Prakash vs Krishna Mohan & others stating therein land gata no. 1135 recorded as Abadi and prayed permanent injunction against the petitioner by denying the resolution dated 03-12-1983. When opposite party attempting to dispossess the petitioners from allotted land then petitioner moved application to the Revenue Authority who directed to the Supervisor Kanoongo and police restoring possession of the petitioners and authorities visited the land and restored the possession of the petitioners.

5. A misconceived application u/s 161 of U.P.Z.A & L.R Act have been filed by the opposite party No. 3 for exchange of gata no. 1135/0-6-5 from the gata no. 2057/0-7-0 & 1891/0-3-19 stating therein gata no. 1135 is recorded as Banjar and provisions of Rule 144, 145 & 146 of U.P.Z.A Rule have also not complied with. Under the Chairmanship of up-Pradhan who have no authority under the Law / Rules L.M.C. passed resolution for exchange of land.

6. On the application u/s 161 report have been sought from the Revenue authorities who filed their report stating therein gata no. 1135 reserved for Abadi and both parties are in possession over the gata no. 1135 and gata no. 1891 & 2057 recorded as Bhumidhar land and situated at the bank of Darban lake and also stated that before allowing the application both parties should be heard.

7. Vide letter dated 12-8-97 learned S.D.M requested to the learned D.G.C. Civil Ambedkar Nagar to provide legal opinion in matter and learned D.G.C. Civil send/provided legal opinion on 15-10-97 stating therein there are some legal impediment in the matter therefore at this stage exchange would not be proceeded with out curing the illegalities but without considering the provisions as well as legal opinion learned S.D.M approved the exchange.

8. Learned S.D.M. approved the exchange without considering the reports submitted by the revenue authority and provisions of section 161 of U.P.Z.A & L.R. Act as well as Rule 144, 145 & 146 of Z.A. Rules. Against the order dated 20-10-97 petitioners filed revision before the learned Commissioner Faizabad Division. Learned Additional Commissioner on the basis of report submitted by revenue authorities passed an order on 19.01.2001, whereby the claim setup by the petitioner has been rejected.

9. Submission of learned counsel for the petitioners is that once resolution was passed by Land Management Committee granting lease to the petitioner of Gata No.1135 and the same was returned by S.D.M., even then possession was handed over to the petitioner, therefore, without applying the provisions contained under Section 122 B the petitioners cannot be