HAKAM ALI KHAN Vs. DISTRICT MAGISTRATE & OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks following reliefs, among others:

(2.) The share of one Sudip Singh Bal was 6.2268 Hectare in the land having Khata Khatauni no. 014, Khasra no. 102/1, situated at Village Fajalpur Mahraula, Pargana and Tehsil Rudrapur, District Udham Singh Nagar. Out of 6.2268 Hectare land, 6 Acre land was free from ceiling limit. On moving such an application before the appropriate authority, Sudip Singh Bal obtained the ceiling free certificate to this effect. Annexure nos. 1 and 2 enclosed with the writ petition indicate the same. On having obtained the ceiling free certificate from respondent no. 3, petitioner purchased 2.0242 Hectare land in Khasra no. 102/1 from Sudip Singh Bal through registered sale deed dated 06.02.2007. Since the land of the petitioner was not cultivable, therefore, the petitioner moved an application under Section 143 of the U.P.Z.A. & L.R. Act. Respondent no. 2, vide order dated 29.08.2008, declared the land of the petitioner having Khata no. 141, Khasra no. 102/1, measuring 2.0242 Hectare as non-agriculture land. A copy of the order and extract of Khatauni have been enclosed with the writ petition as Annexure nos. 4 and 5. Mutation for change of land use has been done by respondent no. 2. It is submitted that under the directions of respondent nos. 1 and 2, respondent no. 3 is not permitting the petitioner to raise a boundary wall and, hence, present writ petition.

(3.) The contention of learned counsel for the petitioner is that after obtaining certificate under Section 143 of the U.P.Z.A. & L.R. Act, petitioner has every right to develop his land for non-agriculture purposes.