RAJ KUMAR Vs. RAJASV PARISHAD

JUDGEMENT

(1.) The present writ petition arises out of Suit No. 97 instituted by Lachi Devi, respondent No. 3 herein under Section 229B of the U.P.Z.A. & L.R. Act for declaration of her right in respect of Araji No. 479 area 0.454 situate in village Maharkhan, Pargana Mahuari, Tehsil- Sakaldiha, District Chandauli on the ground that she is a landless agriculturist and is member of Scheduled Caste community. She is entitled to get the benefit as provided for under Section 122B(4-F) of the U.P.Z.A. & L.R. Act and her name may be recorded in the revenue record and the entry of 'Navin Parti' be corrected accordingly.

(2.) The suit was contested by Gaon Sabha on the pleas inter alia that the plaintiff does not fall in the category of landless agriculturist. Her two sons are major and they are in government service. They are jointly residing with their mother. An other suit in respect of same land being suit No. 110 of 2001 under Section 229B read with Section 122B(4-F) of the Act has been filed by Gulab and others which is pending before the Court. Possession of the plaintiff Lachi Devi or Gulab and others was denied by Gram Pradhan.

(3.) Parties led evidence in support of their respective cases. Lachi Devi in her deposition stated that her two sons are leaving separately from her and she is an agriculturist. Earlier, her husband was carrying on agricultural operations over the land in question and now, she is earning her livelihood therefrom. She also produced other witnesses in support of her case. The defence also produced evidence to show that Lachi Devi has not matured her right over the land in question and her two sons are in Police Department and she has got an Araji No. 478 area 0.866 hectare.