RAVINDRA NATH SINGH Vs. SHEO BACHAN

JUDGEMENT

(1.) THIS is a reference made by the learned Additional Commissioner, Gorakhpur by his order dated 29-1-96 passed in revision No. 2082/186/A/1996 district Azamgarh recommending that the revision be allowed and the order of the trial Court dated 24-8-90 be set aside.

(2.) BRIEFLY the facts of the case are that Sheo Bachan and other who were persons belonging to scheduled caste and claimed to be in possession over the land in question from before 30-6-75 filed an application for being held to be bhumidhar with non-transferable rights over the land in question under Section 122-B (4-F) of the UPZA and LR Act. Tehsildar submitted his report in their favour. The trial Court by its order dated 24-8-90 conferred the benefit of Section 122-B (4-F) of the Act on them. Feeling aggrieved by this order Ravindranath Singh filed a revision petition. According to him the land in suit was Pokhari on the spot and was being used for bathing of cattles and for taking water for irrigation. The learned Additional Commissioner has made the present reference.

(3.) A perusal of the file shows that the land in suit was in possession of the present opposite parties from before 30-6-75. The Tehsildar in his report dated 21-9-88 has submitted that the land in question was under cultivation and the entry did not represent the correct state of affairs on the spot. It was also stated that the present opposite-parties are persons belonging to scheduled caste and come within the category of landless agricultural labourers and are entitled to the benefit of Section 122-B (4-F) of the UPZA and LR Act. The conclusion of the learned Additional Commissioner does not appear to be sound.