Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The District Magistrate under the order dated 18th August, 2006 rejected the allotment of the Patta made in favour of the petitioner and similarly other situate persons in respect of plot in question on the ground that the same is recorded as Nadi, Johar, Pashuchar bhumi (charagah), public way, i.e. public utility land. It has been held that such category of land fall within Section 132 of U.P. Zamindari Abolition and Land Reforms Act and therefore, no patta could be granted. It has also been recorded that illegally the nature of the land was got converted in the revenue records by the Subordinate authorities. This order of the Collector has since been affirmed by the Additional Commissioner (Judicial II), Saharanpur Division, Saharanpur vide order dated 18th September, 2008 passed in Revision No. 5 of 2007-08. Hence the present writ petition.
On behalf of the petitioner orders passed by the Collector and Commissioner are being challenged on the ground that since the nature of the land was altered by the Sub-Divisional Magistrate, the land is no more covered by Section 132 of the U.P. Zamindari Abolition and Land Reforms Act.
Having considered the submissions made by the learned counsel for the petitioner and having examined the records of the present writ petition, I am of the considered opinion that since an issue qua the nature of land and its conversion is involved, which requires examination of oral as well as documentary evidence, the appropriate remedy available to the petitioner is to file a suit for declaration as well as for protecting his possession.
The present writ petition is dismissed subject to the observations made above.
Order Date :- 18.1.2010 Sushil/-