MANOREY MANOHAR Vs. BOARD OF REVENUE UP

JUDGEMENT

(1.) Aggrieved by the following order of the Board of Revenue, U. P., the appellant herein preferred Writ Petition under Article 226 of the Constitution in the High Court at Allahabad:

(2.) The High Court upheld the view of the Board of Revenue and dismissed the Writ Petition. In doing so, the High Court followed its earlier decision, reported in Ramdin vs. Board of Revenue (1994) Revenue Decisions, Page 388). The present appeal is directed against that order of the High Court.

(3.) Going by the orders of the Board of Revenue and the High Court, the maintainability of an application seeking recognition of right under Section 122-B(4F) of U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act) is the issue that loomed large before the Board and the High Court. We are of the view that it would be travesty of justice to deny relief to the appellant who is a Scheduled Caste agricultural labourer and relegate him to an unfortunate situation of being left without remedy though he has a statutory right to continue in possession and enjoyment of the land. The High Court seems to have taken a narrow view of the rights and remedies of the appellant, leaving him to pursue a tortuous course of litigation to safeguard his rights.