RANDHIR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner before this Court is a member of scheduled caste community and being a landless agricultural labourer, he was given a land out of the surplus land of the State as per the provision contained in Section 122-B (4-F) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (from hereinafter referred to as the "Act").

(2.) Sub-section (4-F) of Section 122-B of the Act reads as under:-

(3.) The petitioner was given this benefit being in occupation of this land prior to 03.06.1995. Thereafter regarding the same village, a notification was issued under Section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953. The Consolidation Officer who was the first officer to hear such grievance came to the conclusion that the land has been allotted in favour of the petitioner being a member of scheduled caste community and he is liable to be given the land. The petitioner was thereafter given bhumidari rights with non-transferable rights on 31.10.2005. However, the order dated 31.10.2005 passed by the Consolidation Officer was challenged in the appeal by the residents of the village, who are not even the members of scheduled caste community. The appeal of the residents of the village was allowed by the appellate authority vide order dated 25.03.2010 on ground that neither the said persons nor the concerned Gram Sabha were heard. Thereafter the matter was taken in a revision by the petitioner, which was dismissed by the revisional authority vide order dated 08.02.2013. Aggrieved, the petitioner has filed the present writ petitions before this Court.