Allahabad High Court
Sugreev Singh And 7 Others vs State Of U.P. And 4 Others on 3 July, 2024
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:107302
Court No. - 74
Case :- CIVIL MISC REVIEW APPLICATION No. - 246 of 2024
Applicant :- Sugreev Singh And 7 Others
Opposite Party :- State Of U.P. And 4 Others
Counsel for Applicant :- Chandra Shekhar Agnihotri
Counsel for Opposite Party :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
1. The review applicants have challenged the order under the review whereby, the writ petition was dismissed taking note of the judgment passed by Division Bench of this Court in Dilip Singh and others Vs. Vikram Singha nd others, 2015(6) ADJ 646.
2. Sri Chandra Shekhar Agnihotri, learned counsel for review applicants submits that this Court has not taken note of another judgment passed by Division Bench of this Court in Ram Lal and others Vs. D.D.C. Hamirpur and others, Criminal Misc. Writ Petition No.6073 of 1980 wherein it has been held that "provisions of Consolidation Act are not applicable to land which lies Municipality, Cantonment, Town Area or a Notified Area in the State".
3. Learned counsel refers paragraph No.4 of their writ petition and for reference the same is quoted hereinafter :-
"4. That Pilakhna being an Urban area, the provisions of U.P. Act, No.1 of 1951 were not applicable over the same, however, the Zamindari of the Urban areas was also abolished by the U.P. Urban Zamindari Abolitions and Land Reforms Act of 1956 (Act No. IX of 1967) and the provisions of the said Act were made applicable over a portion of the area of the said town vide notification No. 2202/1-A-168-60 dated June 5, 1965, published in U.P. Gazette dated June 5, 1965 (aith 1887 Saka Eras) Vol. No. IXXXVI No. 23 on page 1430 which runs as under :-
"In exercise of the Powers under Section 8 U.P. Urban Area Zamindari Abolition and Land Reforms Act 1956 (IX of 1957) the Governor of U.P. is pleased to declare that as from the Ist day of July 1965 all agricultural areas in the following Urban Area of the State which has been so demarcated under Section 5 of the aforesaid Act-shall vest in the State of U.P. and as from the beginning of that date, all such agricultural area shall stand transferred to and vest, except as provided in the said Act in the State free from all encumbrances".
S1.No. Number of Urban area Agra Division District
2. Pilakhna Town Area Aligarh
4. It is argued that area for which notification under Section 4 was issued falls within the urban area of Pilakhna Town Area though the arguments and contents of paragraph No.4 are not supported by any document. The other argument of counsel for review applicants is that earlier notification issued for the same area was quashed by this Court by an order dated 21st January, 1980, therefore, it will be considered as a Res Judicata, though the facts of said writ petition are also not on record.
5. The aforesaid submissions are opposed by Sri D.P.S. Chauhan, learned A.G.A. for State and supported the order under review.
6. I have considered the above referred submissions. The contention that the notification issued under Section 4 of Consolidation Act includes an area of Pargana Akarabad of village Pilakhna is town area, is not supported by any document on record, except an averment made in paragraph No.4 of writ petition as referred above, therefore, in absence of any substantial document, the Court cannot consider the averment made in above referred paragraph No.4 to be true and, therefore, has no ground to interfere with impugned impugned order. Accordingly, prayer made in the application is rejected, however, applicants have always a liberty to approach the concerned authority to show that impugned order is in the teeth of Ram Lal and others(supra) on the basis of relevant documents.
7. Accordingly, application is disposed of with aforesaid observation.
Order Date :- 3.7.2024
P. Pandey
