"Here from the perusal of the list of the selected persons for allotment, it would transpire that the approval has been granted to sixteen persons and four persons have been dropped including the petitioner. By this allotment, a right of Bhumidhar with nontransferable right has been conferred by the Land Management Committee to the petitioner, of course, subject to approval of the Sub Divisional Officer. This right certainly relates to the livelihood of the petitioner as he is the poor agriculturist and the land was allotted for agricultural purpose, therefore, by this action of the Sub Divisional Officer, he has been deprived of his right to get the land as Bhumidhar with non-transferable right. In my opinion, power to accord approval/disapproval was to be exercised with great caution strictly in accordance with law. I am of the view that once the Sub Divisional Officer decides not to agree with the proposal of Land Management Committee, it must give an opportunity, with a view to defend the allotment, to the Land management Committee as well as against whom order of disapproval is passed. In view of the foregoing discussions, the impugned order dated 30.7.2009 passed by the Sub Divisional Officer, Sikandrabad, District Bulandshahar cannot be legally sustained. The same is hereby quashed so far as it relates to the petitioner.
