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ASHUTOSH SRIVASTAVA
Shakeel Ahmad – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
(Ashutosh Srivastava, J.)
1. Heard Sri Pankaj Kumar Gupta, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State Respondents and Sri Arun Kumar Pandey, learned counsel for the Respondent No. 3.
2. The instant writ petition has been filed questioning the orders dated 16.01.2009 passed by the Respondent No. 2, Sub Divisional Magistrate, Dhampur, Bijnor under Section 176 (A) of the U.P.Z.A. & L.R. Act, 1950 whereby and whereunder the name of the petitioner and his brothers Khalid Ahmad, Naeem Ahmad and mother Akhtari wife of Tasleem Ahmad as Aasami Patta holder (Category-3) over Plot No. 315 area 1.061 hectares lagan 109 contained in Khata No. 244 (1412 to 1417 Fasli) has been struck off and land has been restored as Gram Sabha land category 6 as also the order dated 31.05.2022 whereby and whereunder the land contained in the above mentioned Plot No. 15 has been allotted in favour of the Respondent Nos. 4, 5 & 6 and the allotment has also been approved.
3. It is the case of the petitioner that the Plot No. 576 area 3.13 hectare and Plot No. 624 area 1.52 hectare were leased out in favour of Tasleem Ahmad the father o
Aasami leases under U.P. law are limited to five years and cannot be inherited post-expiration, thus the petitioner had no rights over the land after the lease expired.
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....
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 ....
Asami leases under U.P. Zamindari Abolition and Land Reforms Act automatically terminate after five years, allowing eviction without a suit under Section 202.
Asami leases under U.P. Zamindari Abolition Act automatically terminate after five years, allowing for determination without a suit or notice if expired.
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.
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....
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 that the relevant date for determining land rights is the date of vesting, and concurrent findings of authorities should not be disturbed unless proven to be perverse.
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