Court No. - 2
Case :- WRIT - C No. - 14620 of 2006 Petitioner :- Shyam Lal Respondent :- State of U.P. and Others Counsel for Petitioner :- Arun Kumar Tiwari Counsel for Respondent :- C.S.C.,Brij Kr. Yadav,V.K. Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
The instant writ petition has been filed for quashing the order dated 21.11.2005 passed by the District Magistrate/Collector Kanpur Nagar and the order dated 21.06.1997 passed by the Sub Divisional Magistrate (Sadar) Kanpur Nagar.
The petitioner belongs to the scheduled caste community. 5 Bigha land (1.024 Hectare) of Araji No. 216 is said to have been allotted on Patta on 30.08.1975. An order dated 21.06.1997 was passed by the Sub Divisional Magistrate, Sadar, Kanpur Nagar, Kanpur, which came to be endorsed in the revenue record, cancelling the Patta on the ground that the area allotted to the persons, on the plot in question, is more than the actual area of the plot. This Court had passed an interim order on 30.08.2006 directing the respondents not to dispossess the petitioner from the land in dispute.
It is sought to be urged that no opportunity was provided by the Sub Divisional Magistrate before passing the impugned order; the impugned order is not available on the official record, reference of which is ascertainable from the revenue entry.
Aggrieved petitioner approached this Court by filing the writ petition. The District Magistrate/Collector, Kanpur Nagar, on the direction of this Court vide order dated 21.11.2005, reiterated that the Patta allotted to the allottees exceed the area of plot no. 216. However, it is urged that some of the allottees, whose Patta came to be cancelled, were granted relief by the Revisional Court i.e. Commissioner of the Division under the provisions of Section 122(B)(4F) of U.P.Z.A. & L.R. Act. The provision provides that notwithstanding anything in the forgoing sub-sections of Section 122B, where any agricultural labourer belonging to a scheduled caste or scheduled tribes is in occupation of any land vested in a Gram Sabha under Section 117 having occupied before May, 13, 2007 and the land so occupied does not exceed 1.26 hectares, then no action under this section shall be taken by the Land Management Committee or the Collector against such labourer, and he shall be admitted as Bhumidhar with non-transferable rights of that land under Section 195 and it shall not be necessary for the petitioner to institute a suit for declaration of his rights on the said land. Petitioner claims relief thereunder.
Learned Standing Counsel on being confronted with the above provision, submits that the petitioner being a scheduled caste is entitled to the protection of the provision.
In view thereof, the writ petition is allowed.
The impugned orders dated 21.06.1997, passed by the Sub Divisional Magistrate (Sadar), Kanpur Nagar, and dated 21.11.2005, passed by the second respondent-District Magistrate/Collector Kanpur Nagar, are hereby quashed. The respondents are directed to make necessary entries in the revenue records accordingly.
Order Date :- 19.8.2021 Pkb/