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HIGH COURT OF ALLAHABAD
Rakesh Tiwari
BHAGWATI PRASAD
Versus
ADDL COLLECTOR GYANPUR VARANASI
Decided On : 23 May 2003
C. M. W. P. No. 4065 and 8790 of 1984
Bhoodan Yagna Committee - Cancellation of Leases - U. P. Bhoodan Yagna Act, 1952 (U. P. Act No. X of 1953) - Section 14, Section 15-A
Fact of the Case:
Dispute over cancellation of leases of land belonging to the Bhudan Yagna Committee. The land was granted to the petitioners under Section 14 of the U. P. Bhoodan Yagna Act, 1952. Subsequent legal proceedings and orders led to the cancellation of the leases by the Additional Collector.
Finding of the Court:
The court found that the cancellation of the leases by the Additional Collector was not in accordance with the law prevalent at the time of the grants, and the Additional Collector erred in applying the Amendment Act, 1975. The court quashed the impugned order and allowed the writ petition.
Issues: Dispute over possession, cancellation of leases, application of the Amendment Act, 1975, and the legality of the grants made under Section 14 of the U. P. Bhoodan Yagna Act, 1952.
Ratio Decidendi: The court held that the cancellation of the grants could only be done in accordance with the law prevalent at the time of the grants, and the Additional Collector erred in applying the Amendment Act, 1975. The court also emphasized that there was no provision for the cancellation of a grant in the unamended U. P. Act No. X of 1953.
Final Decision: The writ petition was allowed, and the impugned order dated 28-2-84 was quashed. No order was made as to costs.
Heard the counsel for the parties.
2. The dispute in this petition relates to the cancellation of leases of land belonging to the Bhudan Yagna Committee situate in village Ghamahapur, Magaini Dixitpur, Jodabari and Udai Karanpur.
3. From the record it appears that under Section 14 of the U. P. Bhoodan Yagna Act, 1952 (U. P. Act No. X of 1953), the Bhoodan Yagna Committee granted lease of lands to the petitioners, who were landless on 1-1-1968 and that after the grant of lease to the petitioners, all the petitioners became the Sirdars in accordance with Section 14 (1) of the U. P. Act No. X of 1953. The U. P. Bhoodan Yagya Act, 1952 was amended by U. P. Act No. X of 1975.
4. The land allotted to the petitioners belonged to Swami Krishna Nand (a Gosain) who had gifted it in favour of the U. P. Bhudan Yagna Committee on 15-3-1958. Thereafter, the said land vested in the aforesaid Committee and the name of the Samit was also recorded over the land in question.
5. It is submitted that one Ram Nath Singh and Doodh Nath Chaturvedi were the organisers and distributors of the land of Bhudan Samiti. Sri Ram Nath Singh manipulated a Patta dated 12-5- 1968 in favour of his relation Ramesh Singh whereas Ramesh Singh did not belong to the village Ghamahapur and even he did not belong to Gyanpur Tehsil and the land could not be allotted to him. Consequently, a dispute started over the possession of some of the plots and proceedings were initiated under Section 145 Cr. P. C. However, the Sub-Divisional Magistrate Gyanpur was unable to decide as to which party was in possession as such he made a reference under Section 146 Cr. P. C.
6. In the reference made by the Sub-Divisional Magistrate, Gyanpur on 2-8-1969, the Munsif came to the conclusion that Ram Nath Singh, who was the first party was never in possession over the plots in dispute and the second party was in possession over all the plots in dispute.
7. Aggrieved by the order dated 10-9-1969 passed by the Munsif, a revision was filed before the Sessions Judge, Gyanpur, which was dismissed the matter, was again taken in reference by Ram Nath Singh before this Court. The reference was allowed by this Court on 6-4-1971 and it was held if there was any apprehension of breach of peace, it should have been decided by the Magistrate before deciding the question of possession. The revision was allowed and the case was remanded.
8. Again a revision was filed the High Court. By order dated 1-1- 79, this Court decided that the petitioners were in possession.
9. In the meantime, the consolidation proceedings started and Sri Ram Nath Singh filed an application before the Settlement Officer Consolidation in respect of Chak No. 8 of village Ghamahapur and prayed that the name of Ramesh Singh, who had been granted Patta in respect of this plot should be recorded in his name. This application was referred by the Settlement Officer (Consolidation) for disposal to the Assistant Consolidation Officer. The Assistant Consolidation Officer ordered that the plots be entered in the name of Ramesh Singh son of Lalta Prasad Singh after expunging the name of Bhudan Yagya Samiti.
10. Aggrieved by this order, two appeals were filed. One by Sita Ram and others of the same village and the other was filed by Lalta Prasad, Bhagwati Prasad, Upendra Nath Tiwari and others.
11. The Settlement Officer (Consolidation) allowed the appeal taking the view that the proclamation was not issued by the Assistant Consolidation Officer before passing order and as such the objections could not be filed and he ordered that the case be sent back to the Consolidation Officer for deciding the objections under Section 12 of the U. P. Consolidation of Holdings Act on 23-9-1969.
12. Against the order dated 23-9-1969 passed by the Settlement Officer (Consolidation), Sri Ramesh Singh filed a revision before the Deputy Director of Consolidation which was dismissed by him vide order dated 2-3-1970 with the observation that the or
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