IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WPMS No. 7225 of 2001 Pawan Kumar …………Petitioner. Versus Additional Commissioner (Judicial) Meerut Division, Meerut and others. ………Respondents. 21st August, 2008 Hon’ble Mr. P.C. Verma, J. Mr. Arvind Vashisth, learned counsel for the petitioner, Mr. Pankaj Miglani, counsel for the private respondent no.3 and Mr. Sudhir Kumar, Brief Holder for the State. 2. This writ petition is directed against the order dated 21.2.1997 passed by the respondent no. 1 contained in Annexure No. VIII to the writ petition, whereby allotment of surplus land under Section 27 of the U.P. Imposition of Ceiling on Land Holdings Act in favour of the petitioner has been cancelled. 3. Brief facts of the case are that the land of one Sri Kanwar Singh Plot No. 32 measuring about 0.174 hectares of Village Sahdeopur, Pargana Jwalapur, Tehsil and District Hardwar was declared surplus in the year, 1988-89. Thereafter, after submission of the report of the Lekhpal on 23.7.1995, Naib Tehsildar made recommendation to S.D.O. to allot some plots as the petitioner was Harijan and landless. Subsequently, S.D.O. Hardwar allotted Plot No. 32 area 0.174 hectare to the petitioner. The possession of the same was given to the petitioner on 8.12.1995. One Lakhan Singh / respondent no. 3 filed an application for cancellation of Patta under Section 27/4 of U.P. Imposition of Ceiling on Land 2 Holdings Act. Against the said application, petitioner filed an objection stating therein that the Patta had legally been allotted to him. The petitioner examined himself as D.W.1 in support of his claim and one Subhash Chandra D.W.2. Respondent No. 3 has examined himself and Gurubachan Singh Pradhan in support of his case. On the pleadings of the parties, Additional Commissioner passed an order on 21.2.2007 cancelled the allotment made in favour of the petitioner. 4. A perusal of the impugned order shows that though the allotment was made by the Collector, but the allotment was not made in accordance with Section 198 of the U.P. Z.A. and L.R. Act. The petitioner has filed this writ petition without bringing on record the documents and the evidence to show that the allotment was made by the Collector not in accordance with Section 198 of the U.P. Zamindari Abolition and Land Reforms Act and Section 27 of the U.P. Imposition of Ceiling on Land Holdings Act. 5. In view of the aforesaid, the petition is devoid of merits and is dismissed. However, if the petitioner falls within any one of the categories under Section 198, he may also be considered. No order as to costs. (P.C. Verma, J.) 21.8.2008 Rathour