P.C. Verma, J. (Oral)

1. This writ petition has been filed by the petitioner praying for a writ in the nature of certiorari quashing the order dated 08.08.2003 contained in Annexure 30 to the writ petition and all proceedings thereon and a writ of mandamus commanding the respondent no. 2 not to entertain any right in respect of Khasra No. 383/01 and Khasra No. 286/1 area measuring .190 and .275 hectare respectively of village Bagral Tehsil Sadar, District Dehradun.

2. The case of the petitioner is that the above mentioned Khasra nos. 283/1 and 286/1 were initially entered in the name of Rahim Bax s/o Ali Bax in 1356 Fasli (1948) as hereditary tenants. U.P. Act No. 10 of 1949 known as the United Provinces Agricultural Tenants (Acquisition of Privileges) Act was enacted by the Legislature of U.P. which was extended to the whole of U.P. except the areas specified in the First Schedule of United Provinces Tenancy Act 1939 and the Pargana of Kaswar Raja in the District of Dehradun. The Area of Dehradun was not excluded for the application of the said Act. This Act was enacted for the purpose of acquisition of intermediaries rights in the area of U.P. for the purpose to recognise the rights of intermediaries’ holders. Petitioner has stated that the United Provinces Zamidari Abolition and Land Reform Bill has already been introduced in the Legislature which provides for the Zamidari rights including the several land reforms. The said bill provided for contribution by the tenants and payment of their annual rent. The rent so paid could be reduced by half and they could completely be protected on any ground. The balance was to be paid by the Provincial Government so that the U.P. Zamidari Abolition and Land Reforms Bill could be declared. On 21.06.1950, Sri Rahim Bax deposited ten time rent and was given a Sanad by the State of U.P. The said receipt and Sanad are Annexure 1 and 2 respectively to the writ petition. On 01.07.1952 U.P. Zamidari Abolition Act was enforced in the U.P. by which hereditary intermediary were given rights which were known as Bhoomidhar, Sheeshdhar and Asami. Section 340 of the U.P. Zamidari Abolition and Land Reforms Act 1950 provides that the rights created under the Act No. 10 of 1949 aforesaid would deem to be right created under the Z.A. and L.R. Act. According to the petitioner, since Rahim Bax has already paid the entire rent under Act of 10 of 1949 he was not required to pay extra amount under the Z.A. and L.R.Act being Sanad holder and his rights were recognised by the Government of U.P. and his name was mutated in the Revenue Records as Bhumidhar w.e.f. 1.7.1952. The petitioner has further averred that Rahim Bax never left India and was continuing to live in India till he died sometime in the year 1970 leaving behind his wife Sarifan and three sons, namely, Abdul Rahman, Zummadin and Mohd. Yasim of Village Bagral, where the property is situated. Before his death he kept on paying revenue rents between 1366 to 1370 Fasli. He also paid increased rent vide order of increased rent of 1366 to 1370 Fasli (Annexure 4). After the death of Rahim Bax, names of his three minor sons were entered in the Revenue Records through his mother Sarifan. As the property was in the name of minors, therefore, permission was obtained from the District Judge, Dehradun for the sale of the property so that the interest of the minors could be protected. Ultimately the said property was sold in favour O.C. Kundan in the year 1980. In the year 1991 O.C. Kundan himself sold the property to one Sri Prem Prakash and Smt. Rashmi through two sale deeds dated 27.12.1990. On 11.09.1991 Sri Prem Prakash and Smt. Rashmi sold the property to one Dinesh Kumar and his two sons Sri Divya Agrawal and Sri Salabh Agrawal. The names of these three persons were mutated in the revenue records vide order dated 13.07.1998 of the Naib Tehsildar Dehradun. Accordingly, the petitioners are in peaceful possession of the property in question.