B.L.Yadav - (1.) BY the present writ petition under Article 226 of the Constitution a reference under section 48 (3) of the U. P. Consolidation of Holdings Act (hereinafter called 'Act') passed by Deputy Director of Consolidation was sought to be quashed by issuing a writ of certiorari.
(2.) UNDER the impugned judgment plot No. 204/1-00 has been reserved by the Assistant Consolidation Officer for village artisans (i. e. Kumhars) to dig out land for preparing earthenware. The learned counsel urged that such reservation of the land was not contemplated under section 8-A of the Act while preparing the Statement of Principles, nor the reservation of about one acre area in favour of the village artisans was contemplated by Rule 24-A of the U. P. Consolidation of Holdings Rules, 1954 (hereinafter called 'Rules'). Rule 24-A has been incorrectly interpreted. The learned Standing Counsel on the other hand supported the impugned order and urged that the construction of Rule 24-A was correct. Learned counsel for the parties agreed that the petition may be decided on merits.
(3.) UNDER Section 8-A (2) of the Rules it has been provided that Statement of Principles shall also contain the land to be earmarked for extension of abadi including the areas for abadi site for Harijans and landless persons in the unit and for such other public purposes as may be prescribed and that the basis on which the tenure holders will contribute land for extension of abadi and for other public purposes was also to be contained in the Statement of Principles. Rule 24-A has been framed under Section 8-A of the Act. Under Rule 24-A (2) it has been provided that besides reservation of the land for extention of abadi including areas for abadi sites for Harijans and landless persons in the unit there shall be further area which can be reserved according to the needs of each unit for the purposes indicated including manure pits, pasture lands, threshing floor, playground etc.;