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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
IRSHAD ALI
Sahab Das Objection Filed – Appellant
Versus
Additional Commissioner judicial Lucknow Division – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Sri Abhisht Saran, learned counsel for the petitioner and Sri Shatrughan Chaudhary, learned Additional CSC for respondent - State.
2. The present writ petition has been filed for issuance of a writ in the nature of certiorari quashing the impugned order dated 10.08.2004 passed by respondent No.1 contained as Annexure No.1 to the writ petition.
3. Factual matrix of the case is that the petitioner is a landless agricultural labourer belonging to Schedule Caste. He is a member of Chamar Community and is in possession of Plot No. 147/2 M area 0.400 hectares situated at Village Laglesra, Pargana Asiwan Rasoolabad. Tehsil Hasanganj, District Unnao since before 3rd June of 1995.
4. Plot No. 147/2 is a big plot and is recorded as "Banjar" in revenue records. It belongs to Gram Panchayat. During consolidation, the aforesaid Plot No. 147/2 has been given new no. 264 Ka area 5.415 hectares. Annexure No. 2 is the true copy of the CH-Form 41 and Annexure No. 3 is the true copy of the CH-Form 45.
5. In proceedings under Section 122-B of UP Zamindari Abolition and Land Reforms Act, when the petitioner claimed benefit by virtue of his possession since before 31 June of
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 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 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 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 authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
Possession for over 12 years confers sirdari rights; established orders must be recognized by revenue authorities to amend records suitably.
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....
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
The revisional jurisdiction under Section 9 of the ROR Act cannot be exercised after a long delay, and the settled rights of a person under the ROR Act cannot be unsettled after a lapse of more than ....
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