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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Chandra Kumar Rai,J.
Ram Shanker – Appellant
Versus
Board Of Revenue – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Sri Vishal Khandelwal, learned counsel for the petitioners, Sri Abhishek Kumar Srivastava, learned Additional Chief Standing Counsel for the State and Sri Avinash Chandra Srivastava, learned counsel for the Gram Sabha.
2. Brief facts of the case are that petitioners were granted benefit of Section 122 B (4-F) of the U.P. Zamindari Abolition Land Reforms Act, 1950 (herein after referred to as the U.P.Z.A. & L.R. Act) in respect to plot no. 430 situated in village -Sikandarpur Kotwar, Tehsil-Firozabad, District-Firozabad vide order dated 31.01.1994 and 20.01.1994. Against the order dated 31.01.1994/20.01.1994 granting the benefit of Section 122B (4-F) of the U.P.Z.A. & L.R. Act in favour of the petitioners, the recall application has been filed on 14.09.1994 by District Government Counsel. Sub-Divisional Officer vide order dated 17.09.1994 allowed the aforementioned application setting aside the order dated 31.01.1994 and restored the proceeding to its original number. Against the order dated 17.09.1994 passed by Sub- Divisional Officer, petitioner filed three revisions before the Commissioner, which were registered as revision no. 1 of 1994, 2
The recall of benefits granted under Section 122B (4-F) of the U.P.Z.A. & L.R. Act is impermissible without following proper legal procedures.
Deeming provision under Section 122-B(4-F) confers bhumidhar rights on eligible Scheduled Caste landless labourers; ex-parte recalls invalid; no revision against such orders or restorations thereof.
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 establishes the importance of considering the rights and protections provided to agricultural laborers belonging to Scheduled Castes and Scheduled Tribes under Section 122-B(4-F) of the ....
The court upheld the rights of agricultural laborers under Section 122-B(4-F) of the U.P. Zamindari Act, ruling that the disputed plots were not acquired by the State, thus confirming their status as....
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
The court affirmed that the trial court's decree granting bhumidhari rights was valid, and the Board of Revenue acted within its jurisdiction in upholding this decision.
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
A stranger to the proceeding has no right to file a recall application against a judgment and decree passed on the basis of a compromise.
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