ANJANI KUMAR MISHRA, J. - (1.) HEARD Sri H.N Shukla learned counsel for the petitioner learned Standing Counsel for the State respondents and Sri Diwakar Singh for the Gaon Sabha, respondent no. 4. By means of this writ petition the following relief has been prayed for: - "Issue a writ order or direction in the nature of mandamus commanding the respondent no. 3 and others authorities admitting the petitioner as bhumidhar in accordance with the provision under section 122 -B (4 -F) of U.P.Z.A. and L.R. Act and settled law of the Hon'ble Supreme Court in the interest of justice and no action be taken otherwise to it."
(2.) THE facts of the case briefly stated are that proceedings under Section 122 -B were drawn against the petitioner which gave rise to Case no. 131 of 2000 -01. The Tehsildar by the order dated 30.06.2001 dropped the proceedings on the finding that the petitioner a landless agricultural labourer belonging to the scheduled caste, was in possession over the land belonging to the Gaon Sabha from prior to 30.06.1985 and therefore, entitled to the benefit of Section 122 -B (4 -F). It was further observed that the petitioner may get his title declared by a court of competent jurisdiction.
(3.) ON the strength of the order aforesaid the petitioner has filed this writ petition seeking the relief noticed above. It has been submitted by learned counsel for the petitioner that there is no need for the petitioner to initiate any legal proceedings for declaration of his rights. All the ingredients stand established by the order dated 30.06.2001 passed by the Tehsildar and therefore, in view of the deeming clause the petitioner is liable to be declared bhumidhar of the land of the Gaon Sabha in his possession. He has placed reliance upon a decision of the Apex Court in the case of Monorey @ Manohar Vs Board of Revenue (U.P.) and others,2003 94 RevDec 538 in support of his contention. He submits that the provisions of Section 122 -B (4 -F) are a piece of welfare legislation and therefore, the relief prayed for is liable to be granted.;