YATINDRA Singh, J. - (1.) These writ petitions consider if benefit under sub-section (4-F) of Section 122-B [section 122-B (4-F) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (the ZA Act)] could be given over land not vested in a Gaon Sabha and consequences of declaration of a Gaon Sabha to the Town Area under Section 3 of the Town Area Act, 1914 (the TA Act ). THE FACTS:
(2.) THE land in dispute vested in Gaon Sabha Rithaura, Bareilly under Section 117 of the ZA Act. THE Gaon Sabha Rithaura was upgraded as Town Area Rithaura by notification dated 10-4-1974 under the TA Act,. This Act has been since repealed and now all town areas, according to their population, have been renamed and are governed by the U. P. Municipalities Act, 1914. Town Area Rithaura has now become Nagar Panchayat Rithaura. It is not clear from the records when consolidation operations were started under U. P. Consolidation of Holdings Act, 1953 (the Consolidation Act) but the petitioners filed objections under Section 9-A of the Consolidation Act alleging that: They are landless agriculturists belonging to scheduled caste. They are in possession over the plots in dispute since the time of their ancestors. Their names may be recorded over property in dispute in view of Section 122-B (4-F) of the ZA Act. The Consolidation Officer allowed these objections on 19-4-1999 directing their names to be recorded as Bhumidhar with transferable rights. He held that petitioners are in possession over the Gaon Sabha property prior to 3rd June, 1995 and are entitled to benefit of Section 122-B (4-F) of the ZA Act. The State filed appeals. These appeals were allowed by the Settlement Officer Consolidation (the SOC) on the ground that the petitioners were not in possession over the land in dispute. The petitioners filed revisions which were dismissed by the Deputy Director of Consolidation (the DDC) on 11-3-2002 on the ground that the benefit under Section 112-B (4-F) of the ZA Act could not be given over the land in dispute as it had ceased to be Gaon Sabha land in view of the notification dated 10th April, 1974 under Section 3 of the TA Act, declaring Gaon Sabha Rithaura to be Town Area Rithaura. Hence the present writ petitions. POINTS FOR DETERMINATION:
(3.) I have Sri Ajay Bhanot and Sri RPS Chauhan Counsels for petitioners standing Counsel and Sri V. K. Singh Counsel for respondents. The following points arise for determination : (i) Whether benefit under Section 122-B (4-F) of the ZA Act can be given over land vested in a local authority other than Gaon Sabha? (ii) Whether the land in dispute was vested in the Gaon Sabha Pithaura on the relevant date under Section 122-B of the ZA Act? 1st POINT : BENEFIT - ONLY OVER GAON SABHA LAND: Rules 115-C to 115-H of the U. P. Zamindari Abolition and Land Reforms Rules (the ZA Rules) provide summary procedure for ejectment of trespassers. These rules were declared illegal by the High Court. Section 122-B was introduced by UP Act No. 38 of 1961 to provide necessary sanction of law for the summary procedure for ejectment of a trespasser. Sub-section (1) of Section 122-B [section 122-B (1)] of the ZA Act] provides for speedy recovery of property of Gaon Sabha or a local authority : it also permits imposing compensation for damages misappropriation or wrongful occupation of such property.;