RAGHUBIR SINGH Vs. THE SUB DIVISIONAL OFFICER AND SETTLEMENT OFFICER (CONSOLIDATION), TAHSIL GHATAMPUR, DISTRICT KANPUR AND OTHERS
HIGH COURT OF ALLAHABAD
The Sub Divisional Officer And Settlement Officer (Consolidation), Tahsil Ghatampur, District Kanpur And Others
Referred Judgements :-
VIDYA RAM AND ORS. V/S. MUNSIF,FATEHABAD,AGRA AND ORS.
RAM ROOP AND ORS. V/S. VISHWANATH AND ORS.
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S.C. Manchanda, J. -
(1.)This is an application under Article 227 of the Constitution by an allotted of certain plots allotted to him under Sec. 195 of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) by the Land Management Committee by the pattas executed on the 20th and 21st of August 1960. The prayer is for the quashing of the order dated 29th September, 1962, passed by the Sub Divisional Officer Ghatampur on the application moved by the Petitioner dated 22nd September, 1962, in proceedings taken by the Gaon Samaj under Sec. 198 of the Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act).
(2.)The material facts giving rise to this petition are these. On the 20th and 21st of August, 1960, the Petitioner had been admitted to the plot in dispute by the Land Management Committee under Sec. 195 of the Act. The pattas were verified by the Registrar Qanungo on the 3rd of November, 1960. On the 15th of March, 1961, the Sub Divisional Officer directed the Petitioner's name to be mutated over the plots in dispute. On the 14th/15th June, 1961, Bhumidhari Sanaa was granted. On the 9th of August, 1961, Petitioner applied to the Assistant Sub Divisional Officer for the grant of a declaration under Sec. 143 of the Act on the ground that le wanted to build thereupon. The report of the Registrar Qanungo obtained is dated 18th August, 1961 and report of the Tehsildar is dated 2nd August, 1961. After this enquiry on the 13th of January 1962 the Assistant Collector granted the application under Sec. 143 of the Act by a single word order "allowed". Thereupon on the 31st of March, 1962 the Pradhan of the Gaon Samaj moved an application under Sec. 198 of the Act to which the Petitioner filed his objections. He also raised the preliminary objection, by an application dated 22nd September, 1962, that as he had obtained a declaration under Sec. 143 of the Act by virtue of the provisions of Sub -section (2) of that Sec. the application under Sec. 198 of the Act, which was a part of Chapter VIII ceased to apply and, therefore, the Sub Divisional Officer had no jurisdiction to entertain the application of the Gaon Samaj. The Sub Divisional Officer has rejected this application holding that the word 'allowed' on the application did not amount to a declaration as contemplated by Sec. 143 of the Act and further that as the declaration was not got registered by the Collector under Sec. 145 "of the Act the declaration was of no effect. Hence this petition.
(3.)The short question which falls to be considered i; as to the effect of the word 'allowed' on an application made under Sec. 143 of the Act. The relevant portion of Sec. l43 reads:
143(1) Where a Bhumidhar uses his holding...for a purpose not connected with agriculture, horticulture or animal husbandry...the Assistant Collector In charge of the sub division may, suo moto or on application, after making such enquiry as may be prescribed make a declaration to that effect.
(2) Upon the grant of the declaration mentioned in Sub -section (1) the provisions of this Chapter other than this section) shall cease to apply to the Bhumidhar with respect to such land...
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