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2006 Supreme(All) 2374
ALLAHABAD HIGH COURT
Rajesh Tandon
DHALUWALAL KUSHTA SEWA SAMITJ GUR NIWAS SHIVA NAND NAGAR TEHRI GARHWAL
Versus
BOARD OF REVENUE U P ALLAHABAD
Decided On : 31 August 2006
Writ Petition No. 78 of 2000
K.N.JOSHI, Lokendra Dobhal, SOBHIT SAHARIA, U.K.Uniyal,
The central legal point established in the judgment is the importance of factual evidence in determining ownership and possession rights, the limited scope of judicial review under Article 227, and the interpretation of relevant legal provisions.
Headnote:
certiorari - Land Dispute - U. P. Z. A. & L. R. Act, Section 229-B, Section 180(2), Section 122(B) - The court discussed the ownership rights over the disputed land, the provisions of the U. P. Z. A. & L. R. Act, and the legal status of the parties involved. The court also referred to the Kumaon and Garhwal Zamindari Abolition Act and its impact on the rights of the parties. The court's decision was influenced by the interpretation of the relevant legal provisions and the factual evidence presented.
Fact of the Case:
The petitioner sought to quash an order related to a land dispute under the U. P. Z. A. & L. R. Act. The dispute arose from a suit filed for declaration of ownership over a specific land area.
Finding of the Court:
The court found that the respondent No. 4 had established possession and ownership rights over the disputed land, and the Board of Revenue's decision to allow the appeal and decree the suit was upheld.
Issues: The issues revolved around the ownership and possession of the disputed land, the application of relevant acts and sections, and the legality of the orders passed by lower authorities.
Ratio Decidendi: The court's decision was based on the evidence of possession and ownership presented by respondent No. 4, the interpretation of the U. P. Z. A. & L. R. Act and other relevant legal provisions, and the limited scope of judicial review under Article 227 of the Constitution of India.
Final Decision: The writ petition lacked merit and was dismissed by the court.
Heard Sri U. K. Uniyal, Sr. Advocate as sisted by Sri Sobhit Saharia counsel for the petitioner, Standing Counsel for re spondents No. 1 to 3 and Sri Lokendra Dobhal and Sri K. N. Joshi counsel for the respondent No. 4.
2. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 8-9-2000 passed by the respondent No. 1.
3. Briefly stated Sri Bachan Singh maternal uncle of respondent No. 4 filed a suit under Section 229-B of U. P. Z. A. & L. R. Act, for declaration of his own ership over Bhumidhari Khara No. 1/13 area 16 Nali 14
Muthi land. During the pendency of the case Bachan Singh ex pired and the respondent No. 4 Bhag Singh was substituted in place of his maternal uncle. According to the peti tioner he is in actual physical posses sion since 1949 and his name was also entered in the revenue record in Var-5. In the year 1969 the Kumaon and Garhwal Zamindari Abolition Act, came into existence in District Tehri Garhwal and as per provision of Section 10 of Kumaon Garhwal Zamindari Abolition Act, the persons, who were Sirdar prior to 30-6-1969, have become Asami af ter 30-6-1969. and as per provisions of section 36 of the K. Z. A. Act. The As sistant Collector, Narendra Nagar by its order dated 25-11-1992 dismissed the suit against which respondent No. 4 file an appeal, which was decided vide or der dated 30. 8. 1993 and the case was remanded back to the trial Court for deciding it afresh. Thereafter the trial court dismissed the suit ex parte vide order dated 25-2-1994. The respondent No. 4 filed an appeal before the Commissioner, Garhwal Division who vide order dated 20-6-1995 dismissed the same. Respondent No. 4 filed the sec ond appeal before the Board of Rev enue, who allowed the same vide or der-dated 8-9- 2000.
4. Feeling aggrieved by the order passed by the Board of Revenue in Sec ond appeal, present writ petition has been filed.
5. The respondents have filed counter affidavit and have alleged that Bachan Singh maternal uncle of re spondent No. 4 was in possession over the disputed land since 1940 and in ac cordance with the provisions of section 180 (2) of U. F Tenancy Act, he has be come Bhumidhar over the land in dis pute. As per notification dated 16-2-1981, the respondent No. 4 is en titled to be regularized over the land in dispute and he comes in the class of landless agricultural labourer. Patwari concerned, in proceedings under Sec tion 122 (B) of U. P. Z. A. & L. R. Act has states that Bachan Singh maternal un cle of respondent No. 4 was in posses sion over the land in dispute since 1940. Other witnesses Dhum Singh and Bachan Singh have also stated in their, statement that the respondent No. 4 is in possession over the land in dispute prior to the year 1958.
6. Bachan Singh who was the ma ternal uncle of respondent No. 4 was the Sirtan of the land in question ac cording to the laws relating to the land holdings in the erstwhile Tehri Garhwal State. He was regularly paying rent of the land to the Malgujar Sri Jappa Singh. On 1. 7. 1969 due to operation of Kumaon Zamindari Abolition Act, Sri Bachan Singh has become Sirtan and on 28. 1. 1977 he became Bhumidhar, Bachan Singh was in possession over the disputed land since 1940. There is colony for the persons suffering with leprosy but that colony has no concerned with the land of Bachan Singh.
7. In the suit under section 122-B of U. F Z. A. & L. R. Act, Patwari of the region admitted that Bachan Singh was in possession over the land in dispute since 1940. Respondent No. 4 also filed revenue
receipts and electricity bills etc. but the trial Court has not considered the evidence adduced by the respond ent No. 4. Respondent No. 4 also filed money order receipts which he has sent to Jappa Singh, Malguzar.
8. Plaintiff respondent No. 4 was having possession over the land in dis pute before operation of the Kumaon Zamindari Abolition Act. He got Sirdari rights in 1969 and on 28. 1. 1977 he be came Bhumi
