RAM GOPAL Vs. LAND MANAGEMENT COMMITTEE PUDARI

JUDGEMENT

(1.) BY the present petition under Article 226 of the Constitution of India the prayer is that a writ of Mandamus may be issued to the respondents not to lease out the land in the name of Gaon Sabha and not to deliver the possession to the lessee in pursuance of the lease granted.

(2.) LEARNED counsel for the petitioners urged that till the notification under section 52 of the U. P. Consolidation of Holdings Act (for short the Act) has been issued closing the consolidation operation, the land earmarked for extension of abadi including the area for abadi site for Harijan and landless persons would not be deemed to have vested in the Gaon Sabha or the land contributed by the tenure holder for the extension of abadi and other public purposes would also not vest in the Gaon Sabha. Section 29-C of the Act was also relied upon to the effect that the land contributed for public purpose by the tenure holder would also not vest in the Gaon Sabha till the notification under section 52 of the Act has been issued. Hence only after the issuance of notification under section 52 of the allotment of land which has vested in the Gaon Sabha may be allotted in favour of the prospective lessee and possession may be delivered to them only thereafter.

(3.) SIMILARLY section 29-C (2) provides that the land contributed for public purposes shall vest in the Gaon Sabha and shall be utilised for the purposes for which it was earmarked in the final consolidation scheme, or in case of failure of that purpose, for such other purpose as may be prescribed. SIMILARLY under sub-section (2) of section 29 the provision is that in respect of the land contributed for public purposes the provisions of section 117 of the UP ZA and LR Act shall apply and the same would have vested in Gaon Sabha by virtue of declaration made by the State Government.