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IN THE HIGH COURT OF ALLAHABAD
NEERAJ TIWARI, J.
Ganga Sharan and Others - Petitioners
Versus
State of U.P. and Others - Respondents
Writ - C No. 44326 of 2023
Decided On : 02-01-2024
U.P. Revenue Code - Representation for declaring bhoomidhar with transferable rights under Section 76(3) - The court directed the Sub Divisional Officer to decide the representation within three months in accordance with the law and after providing an opportunity of hearing to all concerned.
Fact of the Case:
The petitioner filed a representation under Section 76(3) of U.P. Revenue Code before the Sub Divisional Officer, seeking a mandamus to decide the representation, which had not been decided till date.
Finding of the Court:
The court disposed of the writ petition, directing the Sub Divisional Officer to decide the representation within three months in accordance with the law and after providing an opportunity of hearing to all concerned.
Issues: Delay in deciding the representation under Section 76(3) of U.P. Revenue Code.
Ratio Decidendi: The court emphasized the need for the Sub Divisional Officer to decide the representation within a specified time frame and in accordance with the law, without adjudicating the case on merits.
Final Decision: The court directed the Sub Divisional Officer to decide the representation within three months in accordance with the law and after providing an opportunity of hearing to all concerned.
JUDGMENT :
1. Heard learned counsel for the petitioner, learned standing counsel for respondent Nos. 1 to 3 and Sri Pawan Kumar, Advocate, holding brief of Sri Krishna Kant Singh, learned counsel for the respondent No. 4.
2. Present petition has been filed with following prayer;
3. Learned counsel for the petitioner submitted petitioner has filed representation dated 09.10.2023, under Section 76(3) of U.P. Revenue Code before Sub Divisional Officer, Tehsil Kol District Aligarh-respondent no. 2, but till date, same has not been decided. He next submitted that a direction may be issued to respondent No. 2 to decide the same at the earliest for which, learned standing counsel as well as learned counsel for respondent no. 4 has no objection.
4. In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No. 2 to decide the representation dated 09.10.2023 strictly in accordance with law maximum within period of three months from the date of submission of certified copy of this order and after providing opportunity of hearing to all concerned, if required.
5. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 2 to pass order in accordance with law.
The court has the authority to direct the Sub Divisional Officer to decide a representation under Section 76(3) of U.P. Revenue Code within a specified time frame and in accordance with the law.
The main legal point established is that the Sub-Divisional Officer, not the Collector, is empowered to declare a transfer as void under Sections 104/105 of the U.P. Revenue Code, 2006.
The authority must evaluate claims for bhumidhari rights based on merits before judicial intervention is warranted.
Transfer applications must be based on genuine grounds; repeated applications causing undue delay in proceedings are unjustified.
Administrative officers lack jurisdiction to confer Bhumidhari rights; such matters must be resolved through statutory proceedings under the U.P. Revenue Code.
Exhaustion of alternative remedies before seeking a writ of mandamus.
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