Yatindra Singh, J. - (1.) These writ petitions consider If benefit under Sub-section (4F) of Section 122B [Section 122B (4F)] of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (the Z. A. Act), could be given over land not vested in a Gaon Sabha and consequences of declaration of a Gaon Sabha to be Town Area under Section 3 of the Town Area Act, 1914 (the T. A. Act). THE FACTS
(2.) The land is dispute vested in Gaon Sabha, Rithaura, Bareilly under Section 117 of the Z. A. Act. The Gaon Sabha, Rithaura was upgraded as town Area Rithaura by notification dated 10.4.1974 under the T. A. 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 This Act has been since repealed and now all town areas, according to their population, have been renamed and are governed by the U. P. Municipalities Act, 1914.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.
(3.) 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 9A of the Consolidation Act alleging that : (1) They are landless agriculturists belonging to scheduled caste. (2) They are in possession over the plots in dispute since the time of their ancestors. (3) Their names may be recorded over property in dispute in view of Section 122B (4F) of the Z. A. Act. The Consolidation Officer allowed these objections on 19.4.1999 directing their names to be recorded as bumidhar 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 122B (4F) of the Z. A. Act.;