S. N. SRIVASTAVA, J.

( 1 ) THIS writ petition is directed against the judgment and order dated 28. 9. 2004 of Assistant collector, Bharthana, District Etawah rejecting petitioners application refusing to provide benefit of Section 122-B (4-F) of the U. P. Z. A. and L. R. Act (hereinafter referred to as the Act) in allotment of land involved in Suit. A revision preferred by petitioner against the said order was also rejected by the judgment dated 14. 3. 2005.

( 2 ) HEARD learned counsel for the petitioner, learned Standing Counsel as well as learned counsel for Gaon Sabha.

( 3 ) LEARNED counsel for the petitioner urged that the order passed by the authorities below are vitiated in law. As petitioner was an landless agricultural labourer belonging to the Scheduled caste in actual possession of the land in dispute on 1st May, 2002, he will acquire rights under section 122-B (4-F) of the Act. He further urged that the findings of the authorities below to the contrary are unsustainable in law and the impugned orders were not passed in accordance with law.

( 4 ) IN reply to the same, learned Standing Counsel urged that the orders passed by the authorities below were passed in accordance with law. Petitioner cannot get any right under Section 122-B (4-F) of the Act.

( 5 ) IN rejoinder learned counsel for the petitioner referred judgment dated 2. 2. 2005 of the Sub divisional Officer, Bharthana, District Etawah passed on the basis of some compromise entered into between Gram Pradhan and petitioner and urged that under the compromise land in dispute, total area. 37 acre, was settled in favour of petitioner for construction of Barat Ghar. He also urged that at least petitioner may be given benefit of Section 122-B (4-F) of the Act for that part of the land, out of total area of land of. 74 acre.

( 6 ) CONSIDERED the arguments of learned counsel for the petitioner and learned Standing Counsel.

( 7 ) BENEFIT of Section 122-B (4-F) of the Act is available to a person who is a landless agriculture labourer belonging to the category mentioned therein. Section 122-B (4-F) of the Act being reproduced below for ready reference :section 122-B (4-F) of the U. P. Z. A. and L. R. Act

"122-B (4-F) Notwithstanding anything in the foregoing subsections, where any agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gaon Sabha under Section 117 (not being land mentioned in Section 132) having occupied it from before [may 1, 2002], and the land so occupied together with land, if any, held by him from before the said date as Bhumidhar, sirdar or asami, does not exceed 1. 26 hectares (3. 125 acres), then no action under this section shall be taken by the Land Management Committee or the collector against such labourer, and it shall be deemed that he has been admitted as bhumidhar with non-transferable rights of that land under Section 195. Explanation.- The expression agricultural labourer shall have the meaning assigned to it in section 198. "

( 8 ) EXPLANATIONS (1) and (2) to Section 198 of the U. P. Z. A. and L. R. Act defines landless agricultural labourer, same are being quoted below:" explanation (1) landless refers to a person who or whose spouse or minor children held no land as bhumidhar or asami and also held no land as such within two years immediately preceding the date of allotment; and explanation (2) agricultural labourer means a person whose main source of livelihood is agricultural labour. "

( 9 ) FROM perusal of the record and findings recorded by the authorities below, it is clear that land in Plot Nos. 2035/1, area. 12 acre, 2037/2, area. 12 acre, 2037, area. 14 acre, 2039/3, area. 34 acre and 2039/4, area. 02 acre total. 74 acre were recorded as Bhumidhari land in the name of petitioners father Sone Lal. It is also borne out that during consolidation proceedings by the order dated 12. 12. 2002 passed by the Deputy Director, Consolidation, Etawah petitioners father was allotted ot

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