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2001 Supreme(All) 1182

IN THE HIGH COURT OF ALLAHABAD
G. P. Mathur and R. P. Misra, JJ.
LIKHI RAM ALIAS MOOLA - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 9675 Of 1989
Decided On : 12/20/2001

Advocates Appeared:
A.K.MISRA, Bharti Sapru, K.B.Garg, N.Lal, U.N.Sharma, W.H.Khan

The court emphasized that only parties directly affected by an order have standing to challenge it, and unsubstantiated claims of rights over land cannot be used to challenge government actions.

Headnote:

Zamindari Abolition and Land Reforms Act - Writ Petition - Section 117 - Summary

Fact of the Case:

The writ petition sought to challenge an order by the Commissioner to resume land vested in the gaon sabha under Section 117 of the U. P. Zamindari Abolition and Land Reforms Act, 1950.

Finding of the Court:

The court found that the petitioners lacked standing to challenge the order as it only affected the rights of the gaon sabha, not the petitioners.

Issues: The issues included the authority of the Commissioner to pass the order and the rights claimed by the petitioners over the land.

Ratio Decidendi: The court held that the petitioners did not have the right or standing to challenge the order, and their claims of rights over the land were contradictory and unsubstantiated.

Final Decision: The writ petition was dismissed with costs, and the stay order was vacated.

G. P. MATHUR, J.


( 1 ) THIS writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued to the respondents (1) to recall the Notification No. 4429/vii-101/84-86 dated 23. 8. 1986 and the letter No. 120/vii-DLRC/84-86 issued by the District Magistrate and (2) to cancel the notification Issued by the Commissioner vesting the land in Ghaziabad development Authority and making amaldaramad (mutation) of the name of the Ghazlabad development Authority in the revenue papers, and also (3) to issue a writ of quo warranto calling upon the Commissioner, Meerut Division, Meerut to show under what authority he has issued the aforesaid notification.

( 2 ) THE writ petition was nominated to another Bench on 8. 11. 2001, but as the said Bench declined to hear it, the Honble the Chief Justice passed a fresh order nominating the present bench. The case was thereafter heard on 12. 12. 2001.

( 3 ) THE U. P. Zamindari Abolition and Land Reforms Act, 1950 (U. P. Act No. 1 of 1951) (in short u. P. Z. A. and L. R. Act) was enacted to provide for abolition of the zamindari system which involved intermediaries between the tiller of the soil and the State in the Uttar Pradesh and for acquisition of their rights, title and interest and to reform the law relating to the land tenancy consequent upon such abolition and acquisition and to make provision for other matters connected therewith. The Act was published in the gazette on 26. 1. 1951 and came into force at once. Section 4 (1) of the Act provided that the State Government may, by notification, declare that, as from a date to be specified, all estates situate in Uttar Pradesh shall vest in the State and, as from the beginning of the date so specified (hereinafter called the date of vesting), all such estates shall stand transferred to and be vested, except as thereafter provided in the Act, in the state free from all encumbrances. The notification contemplated by this sub-section was issued on 1. 7. 1952 and zamindari stood abolished in the State of Uttar Pradesh from the said date. Section 6 provided for the consequences of the vesting of an estate in the State and it clearly lays down that when the notification under Section 4 has been published in the gazette, all rights, title and interest of all the intermediaries in every estate in such area and in all sub-soils in such estates including rights, if any, in mines and minerals, whether being worked or not, shall cease and be vested in the State of Uttar Pradesh free from all encumbrances. Therefore, with effect from 1. 7. 1952 all rights, title and interest in every estate and in all sub-soils in such estates stood vested with the State of Uttar Pradesh free from all encumbrances. Sub-section (1) of Section 117 of the Act provided that at any time after the publication of the notification referred to in section 4, the State Government may, by general or special order to be published in the manner prescribed, declare that as from the date to be specified in this behalf, all or any of the things specified in Sub-section (1) like lands (except lands for the time being comprised in any holding or grove), trees (other than trees in holding or grove or abadi), fisheries, tanks, ponds, pathways and abadi sites etc. , which had vested in the State under the Act, shall vest in the Gaon Sabha or any other local authority established for the whole or part of the village. The action impugned here was taken under Sub-section (6) of Section 117 and, therefore, the same is being reproduced below :


" (6) The State Government may at any time, by general or special order to be published in the manner prescribed, amend or cancel any declaration, notification or order made in respect of any of the things aforesaid, whether generally or in the case of any gaon sabha or other local authority, and resume such things, and whenever the State Government so resumes any such thing, the gaon sabha or other local authority, as th


























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