WPMS/2835/2021
2021 Latest Caselaw 5381 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
      ON THE 28TH DAY OF DECEMBER, 2021
                         BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 2835 of 2021
BETWEEN:

Amar Singh Saini                         ... Petitioner

      (By Mr. Pranav Singh and Mr. K.S. Dugtal, Advocates)

AND:

State of Uttarakhand & others            ... Respondents

      (By Mr. Pradeep Hairiya, learned Standing Counsel)


                       JUDGMENT

1. According to the petitioner, he belongs to Scheduled Caste Community, therefore, he is entitled for allotment of land under provisions of U.P. Zamidari Abolition and Land Reforms Act.

2. Mr. Pradeep Hairiya, learned Standing Counsel appearing for the State, however, points out that as per caste certificate, enclosed as annexure No. 1 to the writ petition, petitioner is a member of Other Backward Class and not Scheduled Caste Community. He further submits that land can be allotted to a landless agricultural labourer and there is nothing to show in the writ petition that petitioner is a landless agricultural labourer.

3. Since, petitioner does not belong to Scheduled Caste Community and there is nothing on record to show that he is landless labourer, therefore, he is not entitled for allotment of land under Section 198(1)(c) of U.P. Zamidari Abolition and Land Reforms Act.

4. In such view of the matter, there is no scope for interference in the present writ petition. Accordingly, the writ petition fails and is hereby dismissed.

(Manoj Kumar Tiwari, J.) Aswal