- (1.) B. S. Verma, J. By means of this writ petition, the petitioners have prayed for issue a writ, order or direction in the nature of certiorari quashing the order dated 26-12-1990 passed by the Board of Revenue in Second Appeal No. 65 of 1986-87 Iqbal Singh Dhillo Vs. State, whereby the appeal was allowed and the learned Board of Revenue decreed the suit of the plaintiff-petitioner with the exception that he shall have no right to transfer the land so long as the Notifications under sections 4, 6 and 17 of the Land Ac quisition Act (for short the Act) are not withdrawn.
(2.) RELEVANT facts are that the plaintiff-petitioner appears to have migrated to India in 1947 from Pakistan after par tition of the country. He entered into possession of the suit land some time in 1949-50 and started cultivation over it. The State of U. P vide Notification un der Section 6 read with Section 17 (1) of the Act directed the Collector to take possession of the land for public pur pose. Subsequently, the State Govern ment by another letter No. 361 of 1954 transferred the above land and some other land for management to Notified Area Committee Rudrapur. In the mean time, proceedings for eviction of the plaintiff were drawn up under the U. P. Government Land Eviction and Rent Recovery Act, 1953 and the Case No. 105 of 1956 was decided in favour of the petitioner-plaintiff by order dated 30-/-1957 holding that he shall not be evicted from this land until and unless he is given land in exchange of the land in dispute. The record shows that sub sequently, fresh proceedings for eviction of the plaintiff were drawn in the court of Prescribed/public Authority and the proceedings ended in his favour vide order dated 8- 6-1962. Ultimately, the plaintiff brought the present suit under Section 229-B of the U. P. Z. A. and L. R. Act and prayed that he be declared Sirdar on the ground of his continuous possession prior to the year 1950 and that he acquired hereditary tenancy rights under the UP Tenancy Act and by operation of law he became Sirdar on 1-/-1969. The suit was resisted by the State as well as Municipal Board on the ground that the land had been acquired under the Act and was of public utility, therefore, no rights could vest in the plaintiff. The Trial Court dismissed the suit and in appeal being preferred by the plaintiff-petitioner, the Commissioner did not find favour with the plaintiff and dis missed the appeal. It was on the Sec ond Appeal having been preferred by the petitioner, the impugned judgments of the two courts were set aside and decree was passed in favour of the petitioner as mentioned above. The only prayer made before this Court by the learned counsel for the pe titioner is that the learned Board of Revenue has given non-transferable bhumidhari rights to the petitioner, while he was entitled to be Bhumidhar with transferable rights in view of the amend ment under Section 131 of the Z. A. and L. R. Act and by virtue of U. F Act 19 of 1995. Section 131-B was inserted w. e. f. January 14,1995. It may be men tioned that the order impugned was passed by the Board of Revenue on 26-12-1990, while the amendment came into force with effect from 14-1-1995. Relevant extract of Section 131 -B of the said Act reads as under : "131-B. Bhumidhar with non-transferable rights to become bhumidhar with transferable rights after ten years.- (1) Every person who was a bhumidhar with non-transferable rights immediately before the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 1995 and had been such bhumidhar for a period of ten years or more, shall become a bhumidhar with transferable rights on such com mencement. (2) Every person who is a bhumidhar with non-transferable rights on the commencement referred to in sub section (1), or becomes a bhumidhar with non-transferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of period of ten years from his becoming a bhumidhar with non-transferable rights. "
(3.) IN view of the amendment afore said, the petitioner has now acquired his title as Bhumidhar with transferable rights. Accordingly, the writ petition is li able to be disposed of. With the above observations, the writ petition is disposed of finally. .;