Administrative officers lack jurisdiction to confer Bhumidhari rights; such matters must be resolved through statutory proceedings under the U.P. Revenue Code.

JUDGMENT :

Kshitij Shailendra, J.

WHETHER BHUMIDHARI RIGHTS CAN BE CONFERRED OR DECLARED BY SUB DIVISIONAL OFFICER ON ADMINISTRATIVE SIDE

1. Heard Sri H.C. Dwivedi, learned counsel holding brief of Sri Pulak Ganguly for the petitioner, learned Standing Counsel for the State respondents and Sri Sunil Kumar Singh, learned counsel for the Gaon Sabha.

RELIEF CLAIMED:

2. Prayer made in the writ petition is to issue a writ of mandamus commanding the respondents to grant absolute Bhumidhari rights in favour of the petitioner in view of Sections 131A and 131B of the U.P.Z.A. & L.R. Act, 1950 (in short 'Act, 1950') read with Section 76 of U.P. Revenue Code, 2006 (in short 'Code, 2006'). Further prayer is to issue a direction for consideration of the petitioner's representations dated 07.05.2022 and 15.06.2024 moved before the Sub-Divisional Officer concerned.

CONTENTION OF PETITIONER

3. Learned counsel for the petitioner submits that on account of certain previous proceedings in relation to the lease granted in favour of the petitioner and with the passage of time, the petitioner has acquired status of Bhumidhar with transferable rights. Reference to Section 131A and 131B of the Act of 1950 has been made in this regard and, by referring to Section 76 of the Code-2006, it is urged that as per Sub-section (2) thereof, after expiry of a period of five years from acquiring the status as Bhumidhar with non-transferable rights before the commencement of Code, 2006, the tenure holder would acquire status as Bhumidhar with transferable rights, therefore such rights should be conferred upon him by Sub-Divisional Officer.

ANALYSIS:

4. The Court has considered the submissions and has also gone through the provisions of U.P.Z.A. & L.R. Act, 1950 and U.P. Revenue Code, 2006. For the purpose of case, Sections 131A and131B of the Act, 1950 are reproduced as under:-

"131A. Bhumidhari rights in Gaon Sabha or State Government land in certain circumstances - Subject to the provisions of Section 132 and Section 133-A, every person in cultivatory possession of any land, vested in a Gaon Sabha under Section 117 or belonging to the State Government, in the portion of District Mirzapur South of Kaimur Range, other than the land notified under Section 20 of the Indian Forest Act, 1927, before the 30th day of June, 1978, shall be deemed to have become a Bhumidhar with non-transferable rights of such land :

Provided that where the land in cultivatory possession of a person, together with any other land held by him in Uttar Pradesh exceeds the ceiling area determined under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, the rights of a Bhumidhar with non-transferable rights shall accrue in favour of such person in respect of so much area of the first-mentioned land, as together with such other land held by him, does not exceed the ceiling area applicable to him, and the said area shall be demarcated in the prescribed manner in accordance with the principles laid down in the aforesaid Act.

131B. Bhumidhar with non-transferable rights to become bhumidhar with transferable rights after ten years -

(1) Every person who was a bhumidhar with non-transferable rights immediately before the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 1995 and had been such bhumidhar for a period of ten years or more, shall become a bhumidhar with transferable rights on such commencement.

(2) Every person who is a bhumidhar with non-t