Allahabad High Court
Roshan Lal vs State Of U.P. And 3 Others on 21 July, 2023
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:145387
Judgment reserved on 24.03.2023
Judgment delivered on 21.07.2023
In Chamber
Case :- WRIT - C No. - 20149 of 2018
Petitioner :- Roshan Lal
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Yogesh Kumar Vaish,Akhilesh Kumar Pandey
Counsel for Respondent :- C.S.C.,Arun Kumar Pandey,Arun Kumar Srivastava
Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Yogesh Kumar Vaish, learned counsel for the petitioner and Shri Arun Kumar Srivastava, learned counsel for Gaon Sabha/ respondent no. 4. Learned Standing Counsel has accepted notices of the writ petition on behalf of the State respondents.
2. The writ petition has been filed questioning the legality, propriety and correctness of the order dated 20.04.2018 passed by the Additional Commissioner (Judicial) Moradabad Division, Moradabad in Revision No. 00228 of 2018, under Section 210 of the U.P. Revenue Code, 2006, whereby and whereunder the Revision has been dismissed and the order dated 27.01.2018 passed by the Deputy Collector, Swar, District-Rampur, recalling the order dated 27.12.2014 granting Bhoomidhari with transferable rights in favour of the petitioner, in respect of patta over Plot No. 288 (Minjumla), has been upheld.
3. The facts giving rise to the controversy involved in this writ petition lie in a narrow compass.
4. It is the case of the Writ petitioner that the petitioner being a landless agriculturist belonging to Schedule Caste category was allotted land contained in Gata No. 288 (M) area 0.202 hectares under open resolution of the Land Management Committee dated 20.02.1994 and granted Bhoomidhari with non transferable rights thereon. The said right is stated to be converted into Bhoomidhari with transferable rights by an order dated 27.12.2014. On the grant of the Bhoomidhari with transferable rights the petitioner obtained agricultural loan by mortgaging the land. After about 2 years of the grant of the absolute Bhoomidhari rights to the petitioner the Gaon Sabha preferred a restoration application seeking recall of the order dated 27.12.2014 on the ground that it was exparte. The Sub Divisional Magistrate/ respondent no. 3 under order dated 02.07.2016 recalled the order dated 27.12.2014 and restored the case granting opportunity to the respective parties to submit their written reply. The Respondent no. 3 after considering the respective case of the parties under order dated 27.01.2018 directed to expunge the name of the petitioner from plot no. 288M/1 area 0.202 hectare, plot no. 288 M area 8.405 hectare and plot no. 3/14 area 0.405 hectare total 3 plots area 1.012 hectare and restored the name of Gaon Sabha. The Revision preferred by the petitioner against the order of the respondent no. 3, under Section 210 of the U.P. Land revenue Code, 2006 has also been rejected. Both the orders have been impugned in the instant writ petition.
5. A perusal of the impugned order 27.01.2018 passed by the Sub Divisional Officer, Swar, Rampur shows that the learned SDO on the strength of the CH Form 41 and 45 held the land in dispute to be recorded as river, sand and banjar and as such was land covered by Section 77 of the U.P. Land Revenue Code, 2006 in respect of which Bhumidhari rights cannot accrue. The fact that the land was covered by Section 77 stood established by the statement recorded by the area Lekhpal. No Bhumidhari rights nor any right under Section 122-B (4-F) of the UPZA & LR Act can accrue in any land mentioned under Section 132 of the UPZA & LR Act even if the person belongs to Scheduled Caste. The aforesaid findings of the learned SDO has been upheld by the learned Additional Commissioner (Judicial) Moradabad Division Moradabad.
6. The authorities have committed no error in recording such a finding. Consequently the writ petition is devoid of merit and is accordingly dismissed.
Order Date :-21.7.2023
Deepak/
