Mohammad Yakub vs Additional Commissioner And 2 ...
2021 Latest Caselaw 10776 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 26921 of 2020
 

 
Petitioner :- Mohammad Yakub
 
Respondent :- Additional Commissioner And 2 Others
 
Counsel for Petitioner :- Santosh Kumar Srivastava,Karuna Srivastava
 
Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
 

 
Hon'ble Ajay Bhanot,J.

Both the courts below in the impugned orders have returned concurrent findings of fact based on the revenue records and reports of the revenue authorities that the land of the Gaon Sabha which was sought to be exchanged with the private land fell in the category of land under Section 132 of the U.P.Z.A & L.R Act. The land under the latter category are kept exclusively for public use and not liable to be exchanged with the private lands.

The view taken by the court belows and are also fortified by the law laid down in Shiv Murat Vs. Board of Revenue reported at 2017 (7) ADJ 252. The relevant part of the judgment is extracted hereunder:

"The disputed land of the Gaon Sabha is recorded as manure pit being a public utility land and covered under Section 132 of the Act, no right or interest of a bhumidhar can be acquired in respect thereof, in view of sub-section C (vi) of Section 132".

There is no infirmity in the findings of the court below.

The writ petition is dismissed.

Order Date :- 24.8.2021

Nadeem Ahmad