2006 Supreme(All) 1382
[2006(4) ADJ 552 (All)(DB)]
ALLAHABAD HIGH COURT
(Division Bench)
BEFORE : R.K. AGRAWAL AND SANJAY MISRA, JJ.
BHAIYA AJEET SINGH .....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 12379 of 2004, decided on 5th May, 2006)
Counsel :
V.K.S. Chaudhary and R.S. Maurya for the Petitioner; Sanjay Goswami, S.C. for the Respondents.
Headnote:U.P. Urban Areas Zamindari Abolition Act, 1956—Sections 3, 4 and 8—U.P. Municipality Act, 1916—Section 3—U.P. Tenancy Act, 1939—Preamble—Constitution of India—Article 300—U.P. Land Revenue Act—Sections 44 and 45—Abolition of Urban Area Zamindari, by a Notification by State, over agricultural areas, within Municipal limits of District Ballia—Non-Z.A. areas have not been identified by petitioner by any cogent evidence, who alleged that U.A.Z. was abolished in 12 acres of agricultural lands situate within Municipal limits, and rest of lands being 268 acres within said limits was Non-Z.A. and praying for non-interference by State-respondents, in rights of petitioner in Non-ZA areas—Every State action was believed to have taken, in accordance with law, until same was successfully challenged, and real state of affairs was shown to be different than what was stated in Government Notification—Notification was issued under Section 8 held to be valid—Therefore, no relief can be granted to petitioner—Hence, petition liable to be dismissed. [Paras 13 to 16]
Hon’ble Sanjay Misra, J.—The petitioner has invoked the writ jurisdiction of this Court by alleging that the Urban Area Zamindari has been abolished in 12 acres of agricultural land situate within the Municipal limits of the city of Ballia and the rest of the land being 268 acres within the said limit is Non-ZA and therefore, the State respondents cannot interfere in the rights of the petitioner and other Zamindars in the Non-ZA areas. He has filed this writ petition also for the benefit of other Zamindars. The petitioner alleges that he is Lambardar and co-sharer with other Zamindars. The Nagar Palika, Ballia was constituted under Section 3 of the U.P. Municipality Act, 1916 and the entire land of the villages Middhi and Bishunipur was included within the Municipal limits in the year 1916. The Zamindars are recorded in the khewat No. 3 and 5 of the year 1409F to 1412F. An agreement dated 23.1.1885 was executed in favour of the ancestors of the petitioner by the erstwhile Zamindars. The petitioner was therefore, entitled to collect rent, licence fee or ’Sayar’ under the provisions of the U.P. Tenancy Act, 1939. He therefore, made an application dated 18.10.2001 before the Sub Divisional Magistrate, Ballia to issue receipt book to the Zamindars for realization of licence fee ’Sayar’ etc. and the same were got printed and were duly issued by the Tahsildar Ballia. The petitioner and other Zamindars are collecting the same and depositing the land revenue regularly. The U.P. Urban Areas Zamindari Abolition Act, 1956 came into force and after survey under Sections 3 and 4 only an area of 12 acres land was demarcated as agricultural land within the municipal limits of Ballia which comprised of villages Middhi and Bishunipur. A notification dated 6.5.1972 under Section 8 of the Act was issued vesting such agricultural areas, as demarcated, in the State of U.P. free from all encumbrances. Upon issue of the notification certain licensees of the Zamindars started claiming themselves to be owners of the land of which they were licensees although they had no transferable rights under the U.P. Tenancy Act, 1939, or under any other law, and began transferring the land by registered sale deeds and the Revenue Department mutated their names in the records of rights. Consequently, the petitioner made an application dated 19.10.2001 to the Additional District Magistrate, Ballia to hold an enquiry regarding such illegal mutations being made on the basis of sale deeds executed by mere licensees of the Zamindars. An inquiry was ordered wherein the Tahsildar, Ballia submitted that there was no notification relating to Zamindari Abolition in Urban Area of Ballia Municipality in his office. The Sub Divisional Officer, Sikandarpur gave his report dated 10.6.2002 and found that Urban Area Zamindari has not been abolished and that the petitioner is Zamindar. He however recorded that the Zamindar had no rights over markets etc. and a report for the said purpose be obtained from Nagar Palika Parishad, Ballia. The Additional District Magistrate (F/R) Ballia gave his report dated 2.12.2003 finding no merits in the application of the petitioner and found the same as liable to be rejected for the reasons stated therein. It has further been averred that the State Government has issued various government orders relating to grant of freehold rights over nazul property and some of the licensees of the zamindars have applied for grant of the same which has been granted by the State Government. The petitioner therefore, moved an application dated 3.10.2003 before the Collector, Ballia requesting him to abide by the orders passed by the Hon’ble Supreme Court of India in S.L.P. No. 1557/98, State of U.P. v. Satya Narain Kapoor, however, no orders have been passed by the Collector, Ballia. It has been averred that there is no nazul property in village Middhi and Bishunipur within the