SAMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri A.D. Saunders, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents.

(2.) The U.P. Zamindari Abolition and Land Reforms Act, 1950 was enforced on 21.1.1951. The Act abolished the Zamindari in the State of U.P. and provided for compensation for loss of income from land revenue and other income on the abolition of zamindari to be paid to the intermediaries. Late Raja Chittar Singh Judev was the zamindar of 28 villages in Distt. Jalaun. With the abolition of zamindari, the Draft Compensation Assessment Rolls were prepared verifying the amount to be paid to him, for various mahals (local area under separate engagement for the payment of land revenue). Late Raja Chittar Singh Judev filed objections on 5.3.1954, to the draft assessment rolls. The objections were decided by the Compensation Officer on 16.9.1954 against which he filed Appeal Nos.442-443. By judgment dated 11.9.1970 the High Court set aside the order of Draft Compensation Officer dated 16.9.1954 and directed the objections to be decided afresh.

(3.) Late Raja Chittar Singh Judev filed an application on 18.3.1972 before the Compensation Officer to reinitiate the proceedings of compensation. He also gave an application on 23.10.1972 that the issue with regard to the agricultural income tax is no longer in dispute and that he should be paid 8 times the compensation of the Agricultural Income Tax. He also submitted an affidavit on 30.11.1972, that the final income of land revenue from his mahals was worked out after deducting the agricultural income tax. He verified in his affidavit that he has already received eight times the amount of land revenue ''pakki nikasi' and also received the agricultural income tax on which the Compensation Officer passed order on 25.4.1974 that the proceedings of payment be made treating the ZALR Form No.25 to be the basis of calculation and that eight times the amount of Agricultural Income Tax, which was deducted on ZALR From No.26 to be calculated and paid to him.