Neutral Citation No. - 2025:AHC:69304-DB Court No. - 39 Case :- WRIT - C No. - 2033 of 2025 Petitioner :- Chandra Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahima Maurya Kushwaha,Mukesh Kumar Kushwaha Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. We reproduce below the text of order dated 15th April, 2025 made herein. "1. Ms. Mahima Maurya Kushwaha, learned advocate appears on behalf of petitioner and submits, her client had obtained patta in respect of agricultural land, under the policy. When he applied for renewal in year 2017, he was asked to pay bribe. On approaching the Lokayukt, ultimately there was allotment of different plot made in his favour. Her client found the plot could not be cultivated as it was not agricultural land. He went back to the authority and was compelled to file writ petition. Ultimately, impugned order dated 07.12.2024 was passed denying her client allotment on unsustainable grounds. She seeks interference. 2. Mr. Raj Mohan Upadhyay, learned advocate Additional Chief Standing Counsel appears on behalf of State. 3. State is to consider whether allotment of agricultural land is to be made in favour of petitioner or scrutiny of Court invited, regarding allegations made by petitioner. 4. List as fresh on 01.05.2025." 2. Mr.Ambrish Shukla, learned advocate, Additional Chief Standing Counsel appears on behalf of State and submits, he has received instructions. With reference to impugned cancellation dated 7th December, 2024 he submits, it will appear therefrom that all the leases stood cancelled on 27th December, 2019. As such, petitioner cannot have lease granted in his favour, in violation of said order. Ms.Mahima Maurya Kushwaha, learned advocate appears on behalf of petitioner and on query, she submits, second allotment was made on letter dated 2nd November, 2020. 3. There was first grant by communication dated 20th February, 2007 issued by respondent no.3. Second grant was on communication dated 2nd November, 2020. Ms.Kushwaha clarifies, the first grant was actually not allotted. Second grant was by said communication dated 2nd November, 2020 also made by respondent no.3. This land is not agricultural land. Hence, prayer of petitioner for quashing order dated 7th December, 2024 and for respondent no.3 to reconsider his case for granting lease of agricultural land in his favour. 4. Respondent no.3, by impugned order dated 7th December, 2024 gave ground of cancellation of all leases made earlier on 27th December, 2019, for cancelling the second grant made on 2nd November, 2020. Thereby we conclude, earlier cancellation of all leases on 27th December, 2019 did not preclude said respondent from thereafter granting lease for agricultural land. Said respondent did so by communication dated 2nd November, 2020, allotting land in favour of petitioner which he found to be not fit for agricultural purpose. In the circumstances, petitioner's prayer for relief to reconsider his case for allotment of alternate agricultural land is required to be gone into by respondent no.3 because post- cancellation of all leases, he was allotted with land for agricultural purpose. 5. Respondent no.3 is directed to consider petitioner's claim for allotment of agricultural land in place of allotment communicated by letter dated 2nd November, 2020. We have made it clear, the earlier cancellation cannot affect fresh allotment as said respondent had, post the cancellation allotted by said communication dated 20th November, 2020. Petitioner will communicate certified copy of this order to said respondent, who within six weeks of receipt thereof, will either issue alternate allotment or give reason(s) other than cancellation of all leases on 27th December, 2019 and any other reason given earlier, for rejecting the claim. We make it clear, in event of reason(s) given for rejection, such reason should not relate to reasons earlier given. 6. The writ petition is disposed of. Order Date :- 1.5.2025 LN Tripathi (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad