SURAJ SAHAI SHARMA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The petitioner claims himself to be in possession of the land situate in plot No. 769 measuring an area 3 biswas and 7 biswansi. The petitioner states that the said land has been allotted to him on lease by the S.D.O. Dhampur on 23.5.1979. Thereafter, according to the petitioner, on 9.7.1984 he became bhumidhar with non-transferable rights and, subsequently, on 21.7.1990 he became bhumidhar with transferable rights over the said land. The petitioner executed sale-deed of this plot. A suit was filed under Section 229A of the U.P.Z.A. & L.R. Act by the Nagar Palika-respondent to cancel the allotment issued in favour of the petitioner and the said land be recorded as reserved for public utility. The trial Court, vide its order dated 14.11.1995, recorded a finding that suit under Section 229A can only be filed when tenant occupies the premises even after being evicted there from and, accordingly, it dismissed the suit on the ground that the same was not maintainable.

(2.) Aggrieved by the aforesaid order, the Nargar Palika preferred revision. The revisional Court, after hearing the parties, found that the allotment issued in favour of the petitioner was in violation of the Act. Any allotment of the land belonging to the Gaon Sabha has to be preceded by a recommendation by the Gaon Sabha which is required to be considered by the S.D.O. In the present case, admittedly, there was no recommendation made by Gaon Sabha in favour of the petitioner. Therefore, the said allotment of the land is void and illegal. Second ground for allowing the revision was that the land was reserved for public utility. Therefore, it could not have been allotted to the petitioner as it is specifically barred by Section 132 of the Act. A reference in this regard was made by the revisional Court to the Board of Revenue. The Board of Revenue concurred with view taken by the revisional Court and, accordingly, the revisional Court allowed the revision. Under these circumstances, the present petition has been filed.

(3.) The grievance of the petitioner is that allotment order was issued in his favour by the S.D.O. and in pursuance of that he was put in possession over the land. He was declared as bhumidhar with non-transferable rights in the year 1984 and subsequently, he was declared bhumidhar with transferable rights in the year 1990. He states that the revisional Court has exceeded its jurisdiction in setting aside the order of the trial Court.