GHURHU Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and perused the impugned order passed by respondent no. 1. Respondent no. 1 has passed order dated 20th May, 1981 directing that the revision along with all proceedings under section 134 of the UP ZA & LR Act shall abate in view of provisions of section 73 of U. P. Land Laws (Amendment) Act, 1977. Learned counsel for the petitioner contended that the Board of Revenue should not have directed the proceedings under section 134 of the UP ZA & LR Act to abate. I do not agree with this contention. Section 73 of the U. P. Land Laws (Amendment) Act reads as follows :

(2.) LEARNED counsel for the petitioner contended that in the present case his grievance is that he should get back the money which he has deposited for obtaining Bhumidhari Sanad and since the proceedings have been ordered to abate, his right to get back the amount will be affected. I am unable to agree with this contention in view of express provision contained under sub-section (2) of section 73, which provides that where any proceeding has abated under sub-section (1) the amount deposited for the acquisition of such rights shall be refunded to the person depositing the same or to his legal representatives as the case may be.

(3.) IN this view of the matter, I am of the opinion that the contention of the learned counsel for the petitioner to the effect that the sale deed executed by the petitioner is void as he was merely Sirdar on the date of execution of sale deed, cannot be upheld, being devoid of merit.