Court No. - 18
Case :- WRIT - C No. - 14949 of 2018 Petitioner :- Ghanshyam Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jawahar Lal Maurya Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri J.L. Maurya, learned counsel for the petitioner, Sri Diwakar Singh, learned counsel for the respondent-Land Management Committee and Sri Rajesh Kumar Srivastava, learned Standing Counsel for the State-respondents.
Petitioner is before this Court assailing the order of the Additional Collector (F/R) Kaushambi dated 14th March, 2018 as well as the show-cause notice dated 11th December, 2017 issued against him in case no. 365 of 2017-2018, Computer Case No. 201702420982, under Section 128 of the U.P. Revenue Code (State vs. Babul & Others).
Learned counsel for the petitioner stated that the dispute relates to plot no. 1095 situated in village Gaushpur Tikri, Paragana Atharwan, Tehsil Manjhanpur, District Kaushambi. It belongs to Gaon Sabha. It was recorded as parti in the revenue record. It is stated that in 1995 proceedings for granting lease of the said plot was initiated and after completing all formalities a proposal of Gaon Sabha dated 29th March, 1995 was made and Form-57 Kha was also prepared in the name of Babu Lal, whose name was shown at serial no. 108. Babu Lal was provided the said plot for agriculture purposes. The resolution was also approved by the S.D.O. Manjhanpur on 32st March, 1995. Thereafter the petitioner has purchased the said plot for agriculture purposes through a registered sale-deed and the name of the petitioner has been mutated in the Khatauni. Learned counsel for the petitioner in support of his case has placed reliance upon the order passed by the Sub-Divisional Magistrate, Manjhanpur, Kaushambi dated 6th May, 2016 appended at page no. 26 of the paper book, whereby under Section 76 of U.P. Revenue Code/131Kha U.P. Zamindari Abolition and Land Reforms Act, the petitioner was declared to be Bhumidhari with transferable right. It is stated that after a long period of 22 years from the date of grant of lease in favour of Babu Lal, who is the main lease holder, proceedings under Section 128 of the U.P. Revenue Code, 2006 has been initiated sue moto, which is highly time barred by Section 198 (6) of the U.P. Zamindari Abolition Land Reforms Act. It is further stated that the order impugned dated 14th March, 2018 has been passed without considering the preliminary objection of the petitioner that no notice under the Forest Act has been issued and that the land is recorded as jungle jhari and public utility land. As a matter of fact the same is fertile land.
Learned counsel for the petitioner has further placed reliance upon the judgment of this Court in the case of Suresh Giri & Others vs.
Board of Revenue, U.P. Allahabad & Others reported in 2010 (2) ADJ 514, wherein in paragraph-13 the Court has observed as follows:
"13.Accordingly, in my opinion, the inevitable conclusion is that the time frame prescribed for issuing notice before cancelling the allotment/lease of a land provided under sub-section (6) of Section 198 of the Act is applicable to both suo moto proceedings as well as proceedings in the application of the person aggrieved."
that Therefore, the same is liable to be set aside.
Sri Diwakar Singh, learned counsel for the respondent-Land Management Committee and Sri Rajesh Kumar Srivastava, learned Standing Counsel for the State-respondents have vehementally opposed the writ petition on the ground that even though the petitioner has been declared Bhumidhari of the plot in question with transferable right but the land in question was recorded as jungle and jhari and as per the provisions contained in Section 132 of the U.P. Zamindari Abolition and Land Reforms Act, no rightful settlement can be done in favour of the petitioner.
Matter requires consideration by this Court.
Learned counsel for the respondent-Land Management Committee and learned Standing Counsel for the State-respondents are accorded four weeks' time to file counter affidavit. Learned counsel for the petitioner shall have a week's time to file rejoinder affidavit thereafter.
List thereafter.
Till the next date of listing, further proceedings of case no. 365 of 2017-2018, Computer Case No. 201702420982, under Section 128 of the U.P. Revenue Code (State vs. Babul & Others) shall remain stayed.
(M. C. Tripathi, J.) Order Date :- 30.4.2018 Sushil/-