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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
| Table of Content |
|---|
| 1. writ finally decided at admission on pure legal issue. (Para 1 , 2) |
| 2. allotment to landless sc labourer encroached before construction. (Para 3 , 4 , 5 , 6) |
| 3. debate on section 65 scope versus section 134. (Para 7 , 8 , 9 , 10 , 11) |
| 4. section 65 applies post-allotment against third-party encroachers. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. allotment rules retain state title; sc no timeline. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 6. shelter right under article 21 mandates sdm action. (Para 26 , 27) |
| 7. section 134 contended as alternative to section 65. (Para 28 , 29) |
| 8. section 64 allottees not bhumidhar/asami; section 134 inapplicable. (Para 30 , 31 , 32 , 33 , 34) |
| 9. mandamus to sdm for section 65 proceedings expeditiously. (Para 35 , 36) |
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
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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