KULWANT SINGH Vs. DISTRICT MAGISTRATE UDHAM SINGH NAGAR

JUDGEMENT

(1.) According to learned counsel for petitioner, petitioner 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 petitioner relies upon Sec. 131(d) of the 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 non-transferable 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, however, refers to Annexure no.2 to writ petition, where allotment order, issued in favour of petitioner, is enclosed. In the said document, reference is made to Sec. 25 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, (hereinafter referred to as 'the Act') for making allotment.