H.Swarup, J. - (1.) I have had the ad vantage of going through the proposed judgments of brothers Satish Chandra and A. K. Kirty, I entirely agree with them in the conclusion proposed and the reasons given for the same. I would, however like to add the following para graph: Section 134 (1) of the IT. P. Zamin-dari Abolition and Land Reforms Act entitled a Sirdar, on fulfilling the con ditions mentioned therein, to a declara tion that he had acquired, in respect of the land, the rights mentioned in Sec tion 137. i.e. the Bhumidhari rights. Sec tion 137 (1) casts on the Assistant Col lector the duty to make the declaration and certify it. The order of the Assis tant Collector making the declaration tantamounts to the grant of certificate and the Sirdar must be deemed to acquire Bhumidhari rights upon the passing of the order. The 'sanad' provides only the documentary evidence of the fact that the declaration has been made and certified. The rights accrue on the making and certification of the declara tion and do not remain in abeyance till the issuance of the certificate. KIRTY, J.:
(2.) I fully agree with the conclusions arrived at by my brother Satish Chandra, I, however, desire to add some additional reasons as they occur to me. Under Sections 134 and 139, Sirdars belonging to the categories men tioned therein have been given absolute and unfettered statutory right to acquire bhumidhari rights on payment of defined sums. Once the requisite sum has been deposited by a sirdar applying for ac quisition of bhumidhar's rights, he ac quires a vested and indefeasible right to become a bhumidhar. The granting of such right is not a matter of discretion nor an act of grace on the part of the State Government. The satisfaction of the Assistant Collector under Sec. 137 appears to be only for the purpose of ensuring that the person seeking to acquire the right has fulfilled the re quisite conditions as to his being a Sirdar of the required category and as to his having deposited the requisite sum. Neither Section 134 nor 137 requires "certificate" to be granted in any manner or in any form as may be prescribed by the rules made under the Act. Sub-sec tion (1) of Ss. 134 and 137 are tautolo gical in so far as entitlement to declara tion of acquisition of bhumidhari right is concerned. Section 134 (1) refers to entitlement to a "declaration that he has acquired the rights mentioned in Sec tions 137 .........". Section 137 (1) refers back to Section 134 and requires the Assistant Collector to be satisfied that the applicant "is entitled to the dec laration mentioned in Section 134". It is, therefore clear that the right to acquire bhumidhari flows from Sec. 134 itself and the "grant of certificate" under Section 137 (1) is merely a certificate that the applicant concerned fulfils the requirements of Section 134 and thus has become entitled to be declared a bhumi dhar. Once and as soon as, this is done, sub-section (2) of S. 137 automatically comes into play. The rules made under Section 230 cannot in any way alter, af fect, delay or defer the acquisition of bhumidhari right by a Sirdar under Sec tion 134.
(3.) ONCE a Sirdar qualified to acquire Bhumidhari rights under Sec tion 134 voluntarily elects to acquire such rights, makes the necessary appli cation and deposits the requisite sum it is not open to him to retract. Such right to withdraw the application and to seek refund of the deposit can be con ceded only on the hypothesis that until accepted it remains an offer only. If any such right is conceded, it will necessarily have to be held that the granting of bhumidhari right to a Sirdar is itself a discretionary act on the part of the State Government. To hold so would be to allow infiltration of riders which the legislature has not provided for in the material Sections, viz. Sec tions 134 to 139. Except as provided in Section 137-A for cancellation of certi ficates and refund of deposits under the circumstances mentioned therein, there is no provision for refund of deposit. Further, whatever may the legal posi tion otherwise be, it is not possible to hold that an applicant or his heir is still possessed of any right to withdraw the application and ito ask for refund of the deposit even after the Assistant "Col lector acting under Section 137 (1) has granted a certificate that he is satisfied that the applicant is entitled to a dec laration that he has acquired bhumidhari rights.;