GAON SABHA BIRSHADPUR Vs. DEPUTY DIRECTOR OF CONSOLIDATION, JAUNPUR AND ANOTHER

JUDGEMENT

(1.) THE land in dispute was entered in the revenue records in the name of the second Respondent, Jaihind Junior College Tejibazar, as a tank. An objection was filed by the Petitioner, the Gaon Sabha Birshadpur, Under Section 9 of the UP Consolidation of Holdings Act claiming that the tank should be recorded in the name of the Petitioner and that the second Respondent was not entitled to any interest in it. The Consolidation Officer rejected the objection filed by the Petitioner but an appeal against that order was allowed by the Settlement Officer (Consolidation), who directed that the tank be recorded as the property of the Petitioner. The second appeal filed by the second Respondent, has been allowed by the Dy. Director of Consolidation. The Petitioner prays for certiorari quashing the said order. The Deputy Director has held on the basis of the notification dated 1 -7 -1952 issued Under Section 2(1)(c) of the UP ZA and LR Act that the Petitioner could have no right under the UP ZA and LR Act in the tank and has accordingly held that the plot in dispute had not vested in the Petitioner.

(2.) I have heard Learned Counsel for the parties and in my opinion the finding of the Deputy Director must be sustained. Section 1(3) of the UP ZA and LR Act declares that the Act shall come into force at once except in the areas mentioned in Clauses (a) to (f) of Sub -section (1) of Section 2, where it shall, subject to any exception or modification under Sub -section (1) of Section 2, come into force on such date as the State Government may by notification published in the Gazette appoint. Clause (c) of Sub -section (1) of Section 2 provides:

(3.) IT is not disputed that the tank in question lies in an area held and occupied by the second Respondent for an educational purpose and that, therefore, it is covered within the terms of the aforesaid notification. That being so, the provisions of the UP ZA and LR Act cannot be said to have come into force in respect of that area. It is open to the State Government under Sub -section (1) of Section 2 to apply the whole or any provision of the Act to that area but there is nothing to show that the State Government has made any such notification. Accordingly, the tank cannot be said to have vested in the Gaon Sabha and the finding of the Deputy Director in that behalf is plainly right. The objection filed by the Gaon Sabha to the entry recording the second Respondent in respect of the said tank was rightly dismissed by the Dy. Director.