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1979 Supreme(All) 442

K.C.AGRAWAL, K.M.DAYAL
SHEO VARAN SINGH – Appellant
Versus
STATE OF UTTAT PRADESH – Respondent


Advocates Appeared:
U.S.Awasthi

K. C. AGRAWAL, J.

( 1 ) THIS writ petition is directed against an order of the Mines Tribunal, Agra, dated 24-11-1977, determining the terms and conditions of the lease under Section 107 (2) of U. P. Zamindari abolition and Land Reforms Act (Act No. 1 of 1951), (hereinafter referred to as the Act ).

( 2 ) THE relevant facts are these. The petitioner, Sheobaran Singh, was an intermediary and zamindar of Villages Ghaskata and Tantpur in tehsil Kheragarh, district Agra, before the enforcement of U. P. Act I of 1951. On the publication of the notification under Section 4 of the act, all the estates stood transferred to and vested in the State free from all encumbrances. Consequences of vesting of an estate in the State are stated in Section 6 of the Act. It provides that when the notification under Section 4 has been published in the Gazette, then,

" (a) all rights, title and interest of all the intermediaries.- (i) in every estate in such area including land. . . . . . . . . . . . , and (ii) in all sub-soil 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. "

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