CHARAN SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) According to learned counsel for the petitioner, he is a landless person, who was allotted a piece of agricultural land declared surplus in proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1960, vide order dtd. 13/1/2006. Grievance raised by petitioner is that his name is not being recorded in Category 1 kha i.e. Bhumidhar with non-transferable right.

(2.) Learned counsel for the petitioner relies upon Sec. 131(d) of Uttarakhand Zamidari Abolition and Land Reforms Act, 1950 in support of his contention that every person, with whom surplus land is settled, is entitled to be recorded as Bhumidhar with nontransferable right. Sec. 131(d) of the aforesaid Statute is quoted below:- "131. Bhumidhar with nontransferable rights.- (d) with effect from July 1, 1981 every person with whom surplus land is or has been settled under 26A or sub-sec. (3) of Sec. 27 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960."

(3.) Learned State Counsel refers to the allotment order, issued in favour of petitioner. In the said document, reference is made to Sec. 25 of U.P. Imposition of Ceiling on Land Holdings Act, 1960 for making allotment.