RAM DEO SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This is an appeal from an order of Mr. Justice M. L. Chaturvedi, dated the 2nd December, 1955.

(2.) The appellants had filed eight suits under Section 180 of the U. P. Tenancy Act, 1939, for the ejectment of a number of persons from various plots of land. These suits were heard together and were decreed by the trial court, but on appeal the Commissioner, by a judgment dated the 25th April, 1950, set aside the decrees and dismissed the suits. The appellants then filed eight second appeals before the Board of Revenue. Those appeals were filed in May 1950, but before they could be heard the U. P. Zamindari Abolition and Land Reforms Act, 1950, came into force. The eight appeals came before a member of the Board (Sri S. S. Hasan) on the 22nd January, 1953 when a preliminary objection was taken that the respondents had acquired Adhivasi rights under Section 20(c) (ii) of the new Act and they could not therefore be ejected. Sri S. S. Hasan was of opinion that this preliminary objection raised a question of considerable importance affecting a large number of cases then pending before the revenue courts, and that in the circumstances that question should be decided by a Division Bench. The appeals then came on for hearing before Sarvsri S. S. Hasan and S. N. Mitra who, by a judgment dated the 19th February, 1953, held that a person could not acquire Aclhivasi rights under Section 20 (c) (ii) of the Act unless he were recorded in the year 1356F as an occupant of the land in dispute in the 'record of rights' prepared by a Record Officer under Section 53 of the Land Revenue Act, 1901. The Bench was further of opinion that the expression "record of rights" did not include the annual khataunis maintained by the patwaris, and that as the respondents were only recorded as occupants in these records, they had not acquired Adhivasi rights. The Board accordingly overruled the preliminary objection. For some reason which is not immediately apparent the appeals did not again come before the Board until June 1955. In the meantime and no doubt as a consequence of the earlier decision of the Board Section 20 of the U. P. Zamindari Abolition and Land Reforms Act had been amended by U. P Act XVI of 1953, and under the amended section a person acquired Adhivasi rights if he were recorded as an occupant of the land in the khasra or khatauni of 1356 F. By Section 1(2) of the Act this amendment was deemed to have come into force from the first day of July, 1952. The appeals came on for further hearing before Sri A. N. Sapru who held that in view of the amendment the respondents had acquired Adhivasi rights. He accordingly dismissed the appeals.

(3.) The appellants then filed a petition in this Court under Article 226 of the Constitution against the decision of the Board in one of the appeals, No. 394 of 1949-50 (District Jaunpur) challenging the validity of the order of Sri A. N. Sapru dated the 14th June 1955 and prayed that it be quashed by writ of certiorari. That petition was dismissed by the learned Judge by the order subject of the present appeal.