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RAJEEV MISRA
Ranjeet Singh – Appellant
Versus
State of U. P. – Respondent
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 (
The authority must evaluate claims for bhumidhari rights based on merits before judicial intervention is warranted.
The central legal point established in the judgment is the entitlement of an asami to be recorded as bhumidhar with transferable right if the land is not covered under Section 77 of the U.P. Revenue ....
The judgment established that the issuance and extension of Patta, as well as the fulfillment of conditions for land ownership, are crucial in determining the rights of the petitioner.
Administrative officers lack jurisdiction to confer Bhumidhari rights; such matters must be resolved through statutory proceedings under the U.P. Revenue Code.
The U.P.Z.A. & L.R. Act has a special status under the Constitution of India, and the general civil law would not be applicable over it. The determination of the nature of land exclusively falls with....
The court affirmed the entitlement of the petitioner to Bhumidhar rights under the U.P.Z.A. & L.R. Act, emphasizing the importance of recognizing statutory protections for marginalized community memb....
The judgment established the principle that the provisions of the DLR Act cease to apply after urbanization of the land, as interpreted from Section 507(a) of the Act, 1957 and the decision in Mohind....
A decision by an authority exercising discretionary power under a statute must be arrived at by taking into account the relevant considerations and eschewing the irrelevant considerations, in the abs....
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