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.

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 1995, an enquiry was made and report was obtained from Tehsil which proved the possession of the petitioner, as such recommendation was made for regularization of his possession and the Pargana Adhikari, Hasanganj Unnao vide order dated 09.01.1998 accepted the recommendation and granted benefit to the petitioner under -B (4-F) as Bhoomidhar with non- transferable rights. Annexure No.4 is the certified copy of the order-dated 09.01.1998 passed by the Pargana Adhikari, Hasanganj, Unnao.

6. It will not be out of place to mention here that the opposite party No. 2 is the Ex-Pradhan of the Village Laglesra. He himself has his jaundiced eyes over the land in question. However, since he belongs to upper caste and was not entitled to get the land in his name, he was creating every obstacle in the conferment of rights upon the petitioner.

7. At the time of the aforesaid order of Pargana Adhikari, Hasanganj, Unnao, Smt. Mohini Gaur wife of Sri Surendra Kumar Gaur - younger brother of the opposite party No. 2, was the Pradhan. Opposite Party No. 2 thorough her, left no stone unturned to get the aforesaid benefit upon the petitioner refused. However, he could not be succeeded in his evil designs.

8. Soon after the aforesaid order, opposite party No.2 moved an application for recall of the aforesaid order dated 09.01.1998 as Ex- Pradhan of Village Laglesra and the Pargana Adhikari, Hasanganj Unnao vide order dated 18.07.1998 set aside the order dated 09.01.1998 passed by his predecessor even without any notice to the petitioner and even without providing any opportunity to him to meet the allegations of the opposite party No.2.

9. After coming to know about the aforesaid order, the petitioner on 19.04.1999, applied for recall of the same and for providing an opportunity of hearing to him on the application of the opposite party No.2.

10. On the aforesaid application of the petitioner, a notice was issued to opposite party No.2 and the Pargana Adhikari after hearing both the parties allowed the same vide order dated 25.09.2003 and recalled his ear