- (1.) Learned counsel for the petitioner submits that the application made by the petitioner under sub-section (4-F) of Section 122-B of the U.P.Z.A. and L.R. Act, 1950, is pending with the Sub-Divisional Magistrate. The prayer is for direction for expeditious disposal of the same.
(2.) The learned counsel for the petitioner has referred to an order passed by a Coordinate Bench in Misc. Bench No.6337 of 2014 on 21.07.2014 which reads as under:- "The petitioner has submitted an application to the Sub-Divisional Magistrate, Mohanlal Ganj, District Lucknow under sub-section (4-F) of Section 122-B of the U.P.Z.A. and L.R. Act, 1950. The grievance is that the said application has not been disposed of. Sub-section (4-F) of Section 122-B of the Act is in the nature of a defence. Sub-section (4-F) provides as follows:- "(4-F). Notwithstanding anything in the foregoing sub-sections, where any agricultural 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 May 13, 2007 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 Committee or the Collector against such labourer, and he shall be admitted as bhumidhar with non-transferable rights of that land under Section 195 and it shall not be necessary for him to institute a suit for declaration of his rights as bhumidhar with non-transferable rights in that land." Sub-section (4-F) contains a non obstante provision which, notwithstanding anything contained in the earlier sub-sections of Section 122-B of the Act, stipulates that where a person who is an agricultural labourer belonging to Scheduled Caste or Scheduled Tribe and is in occupation of any land vested in the Gaon Sabha under Section 117 (not being land mentioned in Section 132) before the stipulated date and the land so occupied held by him from before the stipulated date as bhumidhar does not exceed 1.26 hectares, no action can be taken by the Land Management Committee or the Collector against such labourer and he shall be admitted as bhumidhar with non-transferable rights of that land. It will not be necessary for him to institute a suit for declaration of his rights as bhumidhar. Having regard to this provision, we dispose of the petition, without enquiring into the merits of the grievance of the petitioner, by directing the Sub-Divisional Magistrate to dispose of the application of the petitioner having regard to the provision of sub-section (4-F) of Section 122-B of the Act. The petition is, accordingly, disposed of. There shall be no order as to costs."
(3.) The decision aforesaid being of direct application to the present case, this petition also stands disposed of with the same directions and requirements. No costs.;