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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ashutosh Srivastava,J.
Allahabad Development Authority – Appellant
Versus
Board Of Revenue – Respondent
JUDGMENT :
Ashutosh Srivastava, J.
1. The aforesaid writ petitions raise identical questions of fact and law and are as such being decided together. The facts of Writ B No. 64760 of 2012 are being taken into consideration for deciding the issues involved. All the plots involved are stated to fall within the Municipal limits of Nagar Mahapalika, Allahabad and resumed by the State Government in exercise of powers under Section 117(6) of the U.P.Z.A. & L.R. Act.
2. Heard Shri Arun Kumar, learned counsel for the petitioner-Development Authority, Shri Rakesh Pandey, leanred Senior Counsel assisted by Shri Shailesh Upadhyay for the contesting respondent nos. 7 to 13, Shri D.D. Chauhan, learned counsel for the respondent no. 5 as also Shri Brijesh Ojha, learned counsel for the Respondent No. 6 and perused the record.
3. The instant writ petition has been filed questioning the legality, propriety and correctness of the order dated 10.10.2012 passed by the Board of Revenue, U.P. at Allahabad whereby and whereunder the order of the Additional Commissioner, Allahabad Division, Allahabad has been set aside and order of the S.D.O. granting benefit under Section 122-B (4-F) of the U.P.Z.A. & L.R. Ac
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 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.
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 ....
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 longstanding possession of defendants as bhumidhars cannot be disregarded, and the Board of Revenue must adhere to factual findings of lower courts in its second appellate jurisdiction.
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
The established rights of a party should not be undermined by arbitrary state actions or prolonged restoration proceedings, especially when prior orders have not been set aside.
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
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