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MANISH KUMAR
Ramesh U. P. Z. A. – Appellant
Versus
Additional Commissioner Lucknow – Respondent
JUDGMENT :
(Manish Kumar, J.) :
1. Heard Shri Birendra Kumar Yadav, learned counsel for the petitioner, Shri R.K. Dixit, learned counsel for the private opposite parties and Shri Hemant Kumar Pandey, learned Standing Counsel.
2. Present petition has been preferred for quashing of the impugned order dated 31.08.2005 passed by the Additional Collector in the proceedings under Section 198 of the U.P.Z.A. and L.R. Act, 1950 (hereinafter referred as "Act, 1950") and the revisional order dated 10.01.2006 passed under Section 333 of the Act, 1950.
3. Learned counsel for the petitioner has submitted that the land i.e. plot No.60/6 area 0.341 hectare was allotted for agricultural purposes to the petitioner with the approval of the Pargana Adhikari on 23.03.1987 but the patta has been cancelled by passing the impugned order dated 31.08.2005, ignoring completely the fact that the land was entered as 'Phus-patwar' in the revenue records not as forest of timber trees.
4. It is further submitted that though the patta was also cancelled for Gata Nos. 136 and 673 by the present impugned order but the same has been challenged by filing a separate writ petition by the petitioner which is pending. In
Bhumidhari rights cannot accrue on land classified as forest or public utility land under Section 132 of the U.P.Z.A. and L.R. Act, 1950.
Fraudulent entries in revenue records do not confer legal rights; land designated as forest is public utility land and cannot be claimed without proper legal basis.
The court upheld the State's authority to declare land as reserved forest, emphasizing that tenure-holders cannot claim proprietary rights over such land post-abolition of Zamindari.
The court confirmed that any change in land categorization without proper jurisdiction undermines statutory provisions, rendering grants of land rights void ab initio.
Point of law: opinion Section 8 is not attracted in the case of leases of land where the purposes of the leases is to use the land for the purpose of agriculture, horticulture, pisciculture etc. It i....
An Aasami lease under the U.P.Z.A. & L.R. Act is limited to a maximum of five years, and upon expiration, the rights do not transfer to heirs unless specifically provided by law. The court emphasized....
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