- (1.) This Reference arises out of the difference of opinion expressed in the order dated 13.11.2014 by the learned Single Judge disagreeing with the final judgments arising out of the same impugned orders in Writ Petition Nos.3029 of 2009, 9837 of 2009 and 58188 of 2012.
(2.) The dispute relates to grant of lease of agricultural land under the management of the Gaon Sabha under the provisions of the then existing Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 [hereinafter referred to as '1950 Act'] with the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952. The provision that allowed such grant of leases under which the aforesaid proceedings were undertaken is Section 195 of the then 1950 Act. Section 195 of the 1950 Act reads as follows:- "Section 195. Admission to land.--The Land Management Committee with the previous approval of the Assistant Collector incharge of sub-division shall have the right to admit any person as bhumidhar with non-transferable right to any land (other than land falling in any of the classes mentioned in Section 132) where-- (a) the land is vacant land, (b) the land is vested in the Gaon Sabha under Section 117, or (c) the land has come into the possession of Land Management Committee under Section 194 or under any other provisions of this Act."
(3.) All the petitioners claim themselves to be allottees under a resolution dated 16.6.1984. The photostat copy and the typed copy of the said resolution that has been recorded in the Proceedings Register of the Gaon Sabha have been filed on record and it appears that the said proceedings were attended and signed by 10-members including the then Gram Pradhan, who was also the Chairman of the Land Management Committee. It also bears the seal and signature of the Gram Pradhan of the same date.;