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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ATUL SREEDHARAN, SIDDHARTH NANDAN
Geeta Devi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Siddharth Nandan, J.
1. Heard Sri Dinesh Kumar Mishra, Advocate along with Sri Marghoob Hussain, Advocate appearing on behalf of the petitioner and the learned Standing Counsel for the State.
2. Since the matter involves, purely a question of law, with the consent of the parties the present writ petition is decided finally at the admission stage itself.
Facts
3. The present writ petition has been filed for issuance of writ of mandamus directing the respondents authorities i.e. respondent.2 (District Magistrate/Collector, Fatehpur) and respondent no.3 (S.D.M. Tehsil Khaga, District Fatehpur), to take appropriate actions against the encroachers of Gata No.605 in Village Orha, Pargana Ekdala, Tehsil Khaga, District Fatehpur; which was allotted to the petitioner in pursuance of the proposal dated 16.4.2012 and approval dated24.12.2012 by the respondent no.3.
4. It is an admitted fact that the petitioner was given a residential lease with respect to land as prescribed under Section 63 of the U.P. Revenue Code, 2006 (In short Code, 2006), since he was eligible under Section 64 of the Code, 2006 being an agriculturist labour, belonging to Scheduled Caste category, with no house.
5. It
Under U.P. Revenue Code, 2006, Section 65 empowers Sub-Divisional Officer to restore possession of allotted residential plot to scheduled caste landless labourer against encroachers even post-initial....
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 reinforced that statutory remedies must be exhausted before invoking the High Court's extraordinary jurisdiction in matters of land encroachment.
The court ruled that the property of a Hindu Undivided Family (HUF) is collectively owned, and individual members cannot conceal ownership in affidavits for government allotments, leading to disquali....
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
The impugned notice lacked the basic element of opportunity to the noticee to rebut and defend the allegation imposed against him, and proposed an action to be taken under a non-applicable provision ....
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
The court emphasized the importance of providing prima facie evidence to support claims of lease or adverse possession in land dispute cases.
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