Land classified as shore and banjar cannot be donated under the Bhoodan Yagya Act, rendering prior lease claims invalid and necessitating a fresh review of lower court findings.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. This writ petition is filed by Uttar Pradesh State Industrial Development Corporation Ltd. against 3 orders passed by Revenue Courts returning concurrent findings. Petitioner has set up a case that on the date of vesting i.e. 01.07.1952, disputed plots were recorded as shore and banjar in the name of Gaon Sabha Kasna whereas case of contesting respondents was that they were allotted land by Bhoodan Samiti in terms of provisions of Uttar Pradesh Bhoodan Yagya Act, 1952 (for short “Act of 1952”) and therefore, they have accrued rights.

2. Initially proceedings under Section 183 and 186 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short “Act of 1950”) were initiated, wherein an order was passed restoring the entry in respect of disputed plots in favour of Gaon Sabha and an appeal was preferred by contesting respondents no. 1 and 2 was dismissed vide order dated 06.12.1991.

3. State of U.P. vide notification dated 01.02.1986 has resumed large number of plots belonging to village Kasna including disputed plots and its possession was handed over to petitioner on 26.03.1987.

4. It is further case of petitioner that a forged and fabricated lease deed dated 27.01.1984 was prepared and on basis of it, contesting respondents claimed that it was executed by Bhoodan Samiti under Section 14 of Act of 1952.

5. On basis of said lease deed, respondents no.1 and 2 filed an original suit in the year 1991 to declare them as ^^Hkwfe/kj** with non transferable rights. Their suit was contested by State Government, however, it was decreed vide order dated 05.02.1994.

6. In aforesaid suit, following 9 issues were framed:-

7. Trial Court returned following findings on issues no. 1 to 6:-

8. Respondent no.4 i.e. State preferred an appeal against above referred order, however, same was dismissed vide order dated 03.06.1994 and relevant part thereof is quoted below:-

9. In aforesaid circumstances, present petitioner, though was not a party in said suit as well as in appeal, filed a revision petition before Board of Revenue taking a specific ground that large part of land including land in dispute was resumed by Gaon Sabha and handed over to petitioner as well as that it was always recorded as shore and banjar land.

10. Board of Revenue vide order dated 19.01.2004 dismissed the revision petition and relevant part of order is quoted below:-

11. Sri Sunil Kumar Mishra, learned counsel for petitioner has referred grounds taken in revision petition that same were not considered by Board of Revenue and despite land in dispute was always recorded as a shore and banjar land as well as that no material was brought on record that land in dispute was part of land which was donated to Bhoodan Samiti since such nature of land could not be donated, the revision was wrongly rejected.

12. S/Sri S.K. Shukla and Ashish Kumar Singh, learned advocates for respondents have submitted that lease was executed by Bhoodan Samiti and on basis of said lease, possession was proved by oral evidence and in case there was any illegality, the Collector was empowered to cancel the grants or lease under provisions of Section 15 -A of Act of 1952, however, same was not initiated. No material has been brought on record that lease was forged.

13. Heard learned advocates for parties and perused the record.

14. The Act of 1952 is a Special Act which applies to land donated to Bhoodan Samiti and that said land could be distributed among the landless persons of the State. Section 14 of it provides grant of land to landless persons and Section 15 -A provides cancellation of certain grants. For reference, both sections are quoted below :-

"14. Grant of land to landless persons:

(1) The Committee or such other authority or person as the Committee with the approval of the State Government, specify either generally or in respect of any area, may, in the manner prescribed, grant lands which have vested in it to the [landless agricultural labourers] and the gr