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2014 Supreme(All) 3861
ALLAHABAD HIGH COURT
Ram Surat Ram (Maurya), J.
Noor Mohammad and Others - Appellant
Versus
Addl. Commissioner, Meerut Division and Others - Respondent
Writ C No. 5651, 4416 of 2009
Decided On : 13-11-2014
For the Petitioner:- Shakti Dhar Due, Neeraj Due, Javed Habib
For the Respondent:-C.S.C.,V.K. Singh
The main legal point established in the judgment is that public property cannot be permitted to be grabbed by making forgery in the record, and fabricated records cannot confer any valid rights.
Headnote:
Zamindari Abolition and Land Reforms Act - Land Allotment - Section 131-B, Section 198 - Summary of Acts and Sections: The court discussed the provisions of Section 131-B and Section 198 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which govern the rights and allotment of land. The court highlighted the procedures for land allotment, cancellation of patta, and the authority of the Sub-Divisional Officer and Land Management Committee.
Fact of the Case:
The petitioners sought 'bhumidhar with transferable right' over land allotted to them. The Sub-Divisional Officer and Additional Commissioner found the allotments suspicious and directed the deletion of the petitioners' names from the revenue records. The petitioners challenged these orders through writ petitions.
Finding of the Court:
The court held that the Sub-Divisional Officer had the authority to cancel the pattas and make corrections in the revenue records. It found the allotments to be based on fabricated records and held that the petitioners had no valid rights over the land in dispute.
Issues: The issues revolved around the validity of the land allotments, the jurisdiction of the Sub-Divisional Officer, and the authority of the Land Management Committee in admitting persons as 'bhumidhar with non-transferable right'.
Ratio Decidendi: The court's decision was based on the interpretation of the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950, regarding land allotment, cancellation of patta, and the authority of the Sub-Divisional Officer and Land Management Committee.
Final Decision: The court directed the record of the writ petitions to be placed before the Division Bench for further hearing and decision.
Ram Surat Ram (Maurya),J.
1. Heard Sri Javed Habib, for the petitioners and Standing Counsel, for State of U.P. and Standing Counsel for Gram Panchayat.
2. The writ petitions have been filed against the orders of Sub-Divisional Officer, dated 31.05.2006 and Additional Commissioner, dated 14.11.2008 by which it was found that the names of the petitioners were not recorded on the basis of valid patta granted by Land Management Committee in the revenue records and their names were directed to be deleted from the revenue records, in proceedings under Section 131-B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).
3. The petitioners filed applications in July 2005, before Sub-Divisional Officer for recording their names as 'bhumidhar with transferable right' over the land allotted to them. It has been stated by the petitioners that Land Management Committee of village Kalchhina, pargana Jalalabad, district Ghaziabad held a meeting on 18.05.1984 after giving notice to the villagers for allotment of Goan Sabha land and passed resolution dated 16.06.1984 for allotment of various plots of Gaon Sabha to 153 landless persons, including the petitioners. The resolution dated 16.06.1984 was approved by Sub-Divisional Officer on 02.07.1984. The petitioners were allotted some area in plots 542, 1056, 1240, 1355, 1357, 2229, 2262 and 2407 of village Kalchhina, respectively. The names of the petitioners were mutated over the land allotted to them as 'bhumidhar with non-transferable right' on the basis of patta granted to them. From the date of allotments, they were continuously in cultivatory possession of the land allotted to them. On coming into force of Section 131-B of the Act, on 14.01.1995, the petitioners acquired 'bhumidhar with transferable right'. On the applications of the petitioners, Tahsildar submitted report dated 23.09.2005 showing that 10 years have been completed after allotment of the land to the petitioners as such he recommended for granting required declaration.
4. Gaon Sabha through District Government Counsel (Revenue) filed objections in the applications of the petitioners. Sub-Divisional Officer, then constituted a team of Tahsildar, Naib-Tahsildar and Revenue Inspector of the area and directed them to examine the record relating to allotment of the land and submit a fresh report. The team of Tahsildar, then examined the record relating to the allotment of the land as available in tahsil and submitted fresh report dated 11.05.2006, stating therein that in the resolution dated 16.06.1984, a list of 140, eligible persons were mentioned but there in no separate ZA Form-57-Kha of the eligible persons. ZA Forms-58-Ka, relating to the patta granted to eligible persons, available in the record do not contain the signatures of Lekhpal, Pradhan or any other competent authority. Total 146 pattas were granted. On the first page of the record relating to allotment of the land, "approved as proposed" has been written on which signature of Sub-Divisional Officer, Ghaziabad was made on 02.07.1984, which appears to be suspicious. Along with the report dated 11.05.2006, the record relating to the allotment was also submitted to Sub-Divisional Officer. Thereafter the matter was heard by Sub-Divisional Officer, who by order dated 31.05.2006, held that after examining the original record relating to the allotment of the land, the report of the team submitted dated 11.05.2006 appears to be correct and allotments of the land is suspicious and based on fabricated approval. On these findings, the applications of the petitioners for declaring them as 'bhumidhar with transferable right' were rejected and their names were directed to be deleted from the land in dispute. The petitioners filed revisions against the aforesaid orders, which were consolidated and heard together. Additional Commissioner, by orders dated 14.11.2008, dismissed the revisions. Hence these writ petitions have been filed.
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