TEJ BALI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The Petitioner has assailed the judgment and orders dated 13.5.2010 and 3.3.2009 passed by the Respondent Nos. 1 and 2 and the order of the Nayab Tehsildar dated 12.1.2004 in proceedings under Section 137 of the U.P. Z.A. & L.R. Act.

(2.) The contention raised is that under the then existing provisions of Sections 134 and 135 of the U.P. Z.A. & L.R. (since omitted by U.P. Act No. 8 of 1977 w.e.f. 28.1.1977), Petitioner's father late Parmanand moved an application claiming acquisition of Bhumidhari rights upon deposit of the requisite rent and issuance of a declaration in the form of a Sanad. According to the facts as disclosed, the declaration in favour of the Petitioner's father came to be made on 14th April, 1971.

(3.) The Petitioner appears to have initiated proceedings for cancellation of the said grant on the ground that he is the son of the claimant and that his father was quite old, and there is every likelihood that the property which is in reality an Abadi may be alienated through this circumvented method. By virtue of the said declaration, it could not have been done as the land in dispute was Abadi and was not an agricultural holding so as to claim cultivatory rights and grant of Sanad.