R. S. Singh, J. - (1.) THE writ petition is directed against the order of the Regional Deputy Director of Consolidation dated 1st May 1972 allowing the revision and remanding the case to the lower court.
(2.) THE facts of the case in brief are that the petitioners were recorded as tenure-holders in the basic year khatauni. An objection was filed on behalf of the Gaon Sabha on the allegation that the land in dispute is of public utility and the petitioners are not the tenure-holders of the same. THE Consolidation Officer rejected the objection of the Gaon Sabha and maintained the basic year entry. An appeal was filed on behalf of the Gaon Sabha which was dismissed by the Settiement Officer (Consolidation) on the ground that the Up Pradhan or the members had no legal authority to file appeal on behalf of the Gaon Sabha and, therefore, the appeal was found to be incompetent and was dismissed as not maintainable. A revision was preferred on behalf of the Gaon Sabha which was allowed and the case was remanded to the lower court for deciding the same on merits. THE petitioners have come up before this Court challenging the above order of the Regional Deputy Director of Consolidation by means of the present writ petition. The main contention of the learned counsel for the petitioners is that the appeal filed by Up Pradhan was without any authority any valid resolution of the Gaon Sabha Land Management Committee. Hence the appeal was incompetent and the Regional Deputy Director of Consolidation has committed an error in holding that the appeal was maintainable. According s to the contention of the learned counsel for the petitioners, only Pradhan is a right person to file an appeal after obtaining the resolution of the Land Management Committee and the Up Pradhan has got no right at all to file appeal in absence of any specific authority by Pradhan or by the resolution of the Gaon Sabha. In the present case, there was no valid resolution of the Land Management Committee authorising the Up Pradhan to file appeal and therefore, appeal filed by Up Pradhan was incompetent. He referred to various provisions of the U.P. Zamindari Abolition Rules and Gaon Sabha Manual and placed reliance in Ram Nawaz v. Deputy Director of Consolidation, 1967 AWR 765, Gram Samaj Kairadih v. Deputy Director of Consolidation, 1969 RD 356, Sita Ram v. Deputy Director of Consolidation, 1982 ALJ 76, Gaon Sabha Lachamanpatti v. Deputy Director of Consolidation, 1982 ACJ 371. In reply to the above, the learned counsel for the respondents contended that firstly, the appeal was filed on behalf of the Gaon Sabha and the Up Pradhan was authorised by valid resolution to file the appeal by the Land Management Committee. Secondly, the appeal was signed and filed by the penal lawyer for the Gaon Sabha under the direction of the Collector. So the appeal was properly filed and the Regional Deputy Director of Consolidation has committed no error in allowing the revision and holding that the appeal was maintainable. The learned counsel for the respondents referred to various provisions of the U. P. Zamindari Abolition and Land Reforms Rules and Gaon Sabha Manual regarding filing appeal by the Penal lawyer for the Gaon Sabha and the instructions issued by the Collector for that purpose. In support of his contention, the learned counsel referred to Gaon Sabha v. Ram Karan Singh, 1981 RD 1.
(3.) I have considered the arguments advanced by the learned counsel for both the parties. Before considering the merits of the case, it is necessary to refer some provisions of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as Act) ; U. P. Zamindari Abolition and Land Reforms Rules (hereinafter referred to as Rules) and U. P. Gaon Sabha and Bhumi Prabandhak Samiti Manual (hereinafter referred to as Manual; in respect of the matter in controversy. According to Section 3 (9) of the Act, Gaon Sabha, Gaon Panchayat and Bhumi Prabandhak Samiti (Land Management Committee) shall have the meaning assigned to them in U. P. Panchayat Raj Act, 1947. Chapater II of the U. P. Panchayat Raj Act deals with the establishment and constitution of the Gaon Sabha. According to Section 4 of this Act Gaon Sabha is a body corporate having perpetual succession and a common seal and, subject to any restriction or condition imposed by or under this or any other Act, has power to acquire, by purchase, gift or otherwise, to hold, administer, and transfer property both movable and immovable, and to enter into any contract and shall by the said name, sue or be sued. After the establishment of the Gaon Sabha its executive body called 'Gaon Panchayat' is constituted under section 12 of this Act. In view of Section 28 (A) of this Act the Gaon Panchayat of every Gaon Sabha shall establish a committee to be known as Bhumi Prabhandhak Samiti (Land Management Committee) to assist it in the discharge of its duties of up-keep, protection and supervision of all property vested in the Gaon Sabha under section 117 of the Act and all other property vesting in it or coming into its possession under any other provision of that Act provided that the Pradhan and the Up Pradhan shall respectively be the Chairman and the Vice Chairman of the Bhumi Prabhandhak Samiti and the Lekhpal of the area of the Gaon Sabha shall be the Secretary. Section 28 (V) deals with the functions of the Bhumi Prabandhak Samiti for and on behalf of the Gaon Panchayat which is charged with the general management, preservation and control of all property and the conduct and prosecution of suits and proceedings by or against the Gaon Sabha relating to or arising out of the functions of the Samiti besides other suits. Under section 33 of this Act, Gaon Sabha has, also power to acquire land as provided under the provisions of this Section. Section 117 of the Act is provision under which certain property vested in the State vests in the Gaon Sabha. Property so vested in the Gaon Sabha in accordance with Section 117 of the Act shall be managed by the Land Management Committee as provided under section 122 (A) of the Act. Functions and duties of the Land Management Committee shall include the conduct and prosecution of suit and proceeding by or against the Gaon Sabha. The above discussions of the provisions show that the Gaon Sabha acquires land in more than one way's. One of the ways of acquiring land by Goan Sabha is as provided under section 33 and other provisions of the U. P. Panchayat Raj Act. Gaon Sabha also gets land according to the provisions of the Act. The management of the land vested in Gaon Sabha under the provisions of the Act and the functions of the Land Management Committee are governed by the provisions of the Act. For the Gaon Sabha property and its management, concerning provisions of the Act and Rules and necessary instructions of the State Government are given in the Manual. In view of explanation 1 of Rule 115-B of the Rules, the directions contained in the Manual shall be deemed to be the directions issued in accordance with Rule 115-A of the Rules.;