ALAM Vs. STATE OF UTTARANCHAL AND ORS.

JUDGEMENT

(1.) UNDISPUTEDLY , vide order dated 27.11.2000, petitioner, was held to be allottee of land of Gata No. 102 measuring 0.060 hectare, Village - Jai Nagar, Tahsil - Gadarpur, District - Udham Singh Nagar. Thereafter, vide order dated 18.4.2001, the Assistant Record Officer was pleased to modify the order dated 27.11.2000 to the effect that name of the petitioner would remain recorded on Gata No. 81/1M (Old No. 102) measuring 0.008 hectare only and rest of the land measuring 0.052 hectare would be recorded as banjar in favour of Gram Sabha and the petitioner be evicted from the land measuring 0.052 hectare under section 54(7) of the U.P. Land Revenue Act. Order dated 18.4.2001 was assailed by the petitioner in Appeal No. 52/22 of 2000 -01 under section 210 of the U.P. Land Revenue Act, however, same was dismissed by the Additional Collector, vide order dated 25.9.2002. Revision No. 2/11 of 2002 -03 came to be dismissed, vide impugned judgment dated 13.8.2003 by the Additional Commissioner, Kumaon Division. Feeling aggrieved, the petitioner has preferred present writ petition. Section 54 of the U.P. Land Revenue Act reads as under:

(2.) BARE perusal of section 54 of the Act would reveal that the Record Officer shall cause to be carried out survey, map correction, field to field Portal and test and verification of current annual register in accordance with the procedure prescribed. Sub -section (2) of section 54 would demonstrate that after the test and verification of the current annual register in accordance with sub -section (1), the Naib Tahsildar shall correct clerical mistakes and errors, if any, in such register, and shall cause to be issued to the concerned tenure -holder and other persons interested, notices containing relevant extracts from the current annual register and such other records as may be prescribed, showing their rights and liabilities in relation to land and mistakes and disputes discovered during the operations. Having received such notice under sub -section (2), tenure -holder or the noticee may file reply within twenty -one days disputing the proposed mistakes and corrections. Sub -section (5) of section 54 provides that after hearing the noticee and other interested person and after making such other inquiry, as Naib Tahsildar deems fit, shall settle the dispute, by conciliation between the parties, and pass orders on the basis of such conciliation. As per sub -section (6) of section 54, if the Naib Tahsildar is not able to decide the lis between the two parties by way of conciliation, he shall forward to the Assistant Record Officer his report and the Assistant Record Officer, as per the provisions of sections 40, 41 or 43, shall decide the dispute after summary inquiry and if during the summary inquiry it is found that notice is in unauthorized possession of any part of the property, he may pass order of dispossession of the noticee. As per sub -section (8) of section 54, any order made by the Assistant Record Officer deciding the question of title summarily shall be final, subject to the provisions of sections 201 and 219 of the U.P. Land Revenue Act, however, if order of dispossession is passed under sub -section (7) of section 54 it shall be final, subject to the outcome of the suit, which the aggrieved party may file before the competent Court for establishment of his title.

(3.) THERE is another aspect of the matter.