- (1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 25-11-1997 passed by the Additional Col lector, respondent No. 1, allowing the revision filed by respondents Nos. 3 and 4.
(2.) THE facts, in brief, are that the Lekhpal submitted a report on 5-8-1995 to the Tahsildar that the petitioners had encroached upon the land of the Gaon Sabha Dasna, District Ghaziabad. THE Tahsildar/assistant Cpllector, Ghaziabad took the proceedings under Section 122-B of U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) against the petitioners. He issued notice in Form 49-A to the petitioners indicating that the petitioners were in un authorised occupation of plot Nos. 3298, 3299, 3300, 3301 and 3303 of the village in question. THE petitioners filed objection. THEy stated that they are Jatav by caste and belong to Scheduled Caste. THEy have been in possession over the land in dispute prior to the year 1985 and have acquired Bhumidhari rights under Section 122-B (4-F) of the Act. Shyam Lal, petitioner No. " 2, appeared as witness and produced Ram Das and Daya Ram in support of their version. On behalf of the State the Lekhpal made statement. THE Assistant Collector by his order dated 23-11-1995 held that the petitioners were in posses sion since prior to June 30, 1985 and they, being Scheduled Caste landless agricul tural labourers, were entitled to the benefit of Section 122-B (4-F) of the Act and dropped the proceedings. On 29-12-1995 Raj Pal and respon dents No. 3 and 4 filed an application before the Assistant Collector to recall the order dated 23-11-1995 alleging that they were in possession over plot Nos. 3301 and 3302. The petitioners were not parties in the proceedings which were taken against-the petitioners and they have obtained order on 23-11-1995 whereby they have been granted the benefit of Section 122-B (4-F) of the Act. This has materially prejudiced their rights. The petitioners filed objection to the said application. The Assistant Collector rejected the applica tion vide his order dated 29-6-1996. They filed review application before the Assis tant Collector against the order dated 29-6-1996 and also filed revision before respondent No. 1. Respondent No. 1 has allowed the revision filed by the respon dents by the impugned order dated 25-11-1997 holding that the contesting respon dents were entitled to be heard. It was further held that the Assistant Collector had no jurisdiction to pass an order under Section 122-B (4-F) of the Act. I have heard Sri Janardan Sahai, learned Counsel for the petitioners, and Sri VK. Jaiswal, learned Counsel for respondents No. 3 and 4.
(3.) LEARNED Counsel for the petitioner submitted that the application filed by the respondents to recall the order dated 23-11-1995 was not maintainable as they were not parties to the proceedings under Sec tion 122-B of the Act. A perusal of the order dated 23-11-1995 indicates that the Assistant Collector had granted the benefit to the petitioners under Section 122-B (4-F) of the Act which provides that where any agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in Gaon Sabha under Section 117 of the Act before June 30, 1985 it shall be deemed that he has been admitted as Bhumidhar with non-transferable rights of that land under Sec tion 195 of the Act. Those provisions read as under: "122-B (4-F ). Notwithstanding anything in the foregoing sub-sections, where any agricul tural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gaon Sabha under Section 117 (not being land mentioned in Section 132) having occupied it from before June 30, 1985 and the land so occupied together with land, if any, held by him from before the said date as Bhumidhar, Sirdar or Asami, does not exceed 1. 26 hectares (3. 125 acres), then no action under this Section shall be taken by the Land Management Com mittee or the Collector against such labourer, and it shall be deemed that he has been ad mitted as bhumidhar with non-transferable rights of that land under Section 195. 195. Admission to land.- The Land Management Committee with the previous ap proval of the Assistant Collector in charge of the sub-division shall have the right to admit any person as bhuimidhar with non- transferable rights to any land other than land being 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 Sec tion 194 or under any other provision of this Act. " The effect of the order passed by the Assistant Collector dated 23-11-1995 is that the petitioners shall be deemed as hhumidhars of the land with non-trans ferable rights. The petitioners were claim ing the rights on the allegation that they were in possession of the land in dispute for the last 15 years. The contention of the respondents was that they were in fact in possession. In these circumstances respondents were justified to file an ap plication to recall the order dated 23-11-1995 so as to determine which of the par ties was in possession over the land in dispute.;