- (1.) The petitioners, four in number, have approached this Court for issuance of a writ in the nature of mandamus directing respondents not to interfere in peaceful possession of the petitioners over their respective plot(s) of land and regularise the possession of the petitioners over the land in their possession as per order dated 16.1.1975 and resolution of the Land Management Committee of Gram Sabha, Vijai Nagar.
(2.) It has been pleaded on behalf of the petitioners that Government of U.P. worked out a Scheme for rehabilitating landless labourers. The Scheme was known as 'Pilibhit/Kheri Rehabilitating Scheme', under which plots of land ranging from 3 to 10 acres were allotted to landless labourers under the Government Grants Act. Such allottees were given Sirdari rights which were non-transferable, but were heritable. For granting land to such landless persons, an agreement was executed between the Governor and the allottees. It has further been pleaded in the petition that to manage and control the Rehabilitation Scheme, District Magistrate of Pilibhit was vested with the powers of Rehabilitation Officer for the entire area comprising of waste land, spreading from District Lakhimpur to Pilibhit. It has been pleaded that after many years, it was found that original allottees have either died or fled the forest area and in their place, landless relatives and other landless persons started developing and cultivating abandoned plots and are still cultivating that land. The Government realising that Rehabilitation Scheme has lost its utility declared the villages under the Scheme to be revenue village and gave management of the said area to Land Management Committee which functions under U.P. Zamindari Abolition & Land Reforms Act and Rules framed thereunder. It has been asserted that the tenancy of the occupant(s) over the land not exceeding 3.3 acres was to be regularised in their favour after enquiry by Land Management Committee. Order dated 16.1.1975, under which the petitioners claim their rights has been placed on record as Annexure No.1. It has been asserted that land in possession of the petitioners measures 10 acres and is comprised in Gata No.165 of village Vijai Nagar, Pargana and Tehsil Puranpur, district Pilibhit. On behalf of the petitioners, it has been asserted that the land was lying unoccupied. The petitioners being landless started cultivating the land and have been in continuous possession for the last about 20 years (before filing of the petition in the year 2007). It has been pleaded that the petitioners (ladies) with their courage developed the forest uncultivatable land into fertile land and thereby have been supporting their children. In para 13 of the petition, it has been pleaded that the petitioners approached the Gram Pradhan of Gram Sabha Vijai Nagar and requested him to get the land under their possession regularised in their favour in terms of order dated 16.1.1975. Consequently, a meeting of Land Management Committee of Gram Sabha Vijai Nagar was convened on 11.11.2005. It was unanimously resolved that the land in question be regularised in favour of the petitioners. The document has been placed on record as Annexure No.2. It has been pleaded that instead of regularising the possession of the petitioners over the land in question, the respondents are forcibly evicting the petitioners, hence this petition.
(3.) Written statement of Mr. Vinod Kumar Gupta, posted as Tehsildar, Puranpur has been filed with the plea that the petitioners do not hold either title or possession over the land in question. The land belongs to Rehabilitation Department of the State Government. The Department and the Government are competent to dispossess illegal occupants. Illegal action has not been taken against the petitioners. It has been pleaded that the writ petition is mis-conceived and misleading. Rehabilitation Scheme was floated for the purpose of rehabilitating refugees who came to India from East Pakistan at the time of division of the country. State Government promulgated Rehabilitation Scheme, according to which such refugees were given land on lease under the Government Grants Act. It has been asserted on behalf of official respondent that the petitioners are neither refugees nor have come to India from East Pakistan. The petitioners not being registered as refugees have no right or title to claim land that vests under Rehabilitation Scheme. It has been specifically stated on behalf of respondents that in Pilibhit-Kheri rehabilitation area, no land has been allotted to the petitioners under Government Grants Act. It has been stated on behalf of the respondents that under provisions of Section 171 of U.P. Zamindari Abolition & Land Reforms Act, 1950, the succession of original allottee/lease holder is done and in case any allottee relinquishes the land or does not carry agriculture work or violates the conditions of grant, the grant is cancelled and the land vests in Rehabilitation Department. In regard to the facts and circumstances of the case, it has been asserted that the land in question vests in the Rehabilitation Department and is so recorded in the revenue records placed on record as Annexure No.CA-1. It has been pleaded on behalf of respondents that because the petitioners have failed to prove their possession over the land, therefore, they cannot take benefit of order dated 16.1.1975 . Under the circumstances, possession of the petitioners cannot be regularised. It has been specifically denied in para 10 of the written statement that the petitioners are in possession for over ten years.;