The authority must evaluate claims for bhumidhari rights based on merits before judicial intervention is warranted.

JUDGMENT

Rajeev Misra, J.

Heard Mr. Radhamani Saxena, the learned counsel for petitioner, the learned Standing Counsel for respondents 1,2,3,4,5,6 and Mr. Sher Bahadur Singh, the learned counsel representing respondent-7, Gaon Sabha.

2. Perused the record.

3. By means of present writ petition, petitioner has prayed for a writ of mandamus commanding respondent authority to pass necessary order on the application of petitioner dated 25.4.2023, whereby the petitioner has prayed that he be granted absolute bhumidhari rights over the land in dispute i.e. (Transferable Rights).

4. Learned counsel for petitioner submits that petitioner is in possession over the land in dispute for the last 45 years. The petitioner was initially granted an Asami Patta, on account of which, he came in possession over the land in dispute. On account of long possession of the petitioner, he is liable to be declared as Bhumidhar with transferable rights regarding the land in dispute. He has then referred to the provisions contained under Section 76 of U.P. Revenue Code, 2006. It is further contended by the learned counsel for petitioner that the land over which petitoner is claiming absolute Bhumidhari rights (Transferable Rights) is not a public utility land and therefore, not covered under Section 77 of U.P. Revenue Code, 2006.

5. Learned Standing Counsel for respondents 1 to 6 and Mr. Sher Bahadur Singh, the learned counsel representing respondent-7, Gaon Sabha have opposed the present writ petition by submitting that the land on which absolute Bhumidhari rights are being claimed by the petitioner is a public utility land and therefore, covered under section 77 of U.P. Revenue Code, 2006. As such, no right can be claimed by the petitioner regarding the land in dispute.

6. Having heard the learned counsel for petitioner, the learned Standing Counsel for respondents- 1,2,3,4,5,6, Mr. Sher Bahadur Singh, the learned counsel representing respondent-7 Gaon Sabha and upon perusal of record, this Court finds that the claim of the petitioner regarding grant of Bhumidhari rights with the right to transfer has to be considered by the authority concerned at the first instance. In view of above, no occasion arises before this Court to consider the claim of petitioner on merits.

7. Accordingly, this writ petition is disposed of finally with a direction to Respondent 3, Sub Divisional Officer Powayan, District Shahjahanpur to consider the claim of the petitioner regarding grant of Bhumidhari rights with the right to transfer over Survey Plot No. 89, area 2.189 hectares in accordance with law by passing a reasoned and speaking order within a period of 3 months from the date of production of certified copy of this order.