SHEO NAIK SINGH Vs. BHAGELOO AND OTHERS

JUDGEMENT

(1.) This is an appeal against a decision of Mr. Justice Broome allowing a petition filed by the respondents 1 to 3 under Art. 226 of the Constitution by an order dated 13-2-1962.

(2.) The respondents 1 to 3 claimed to be Adhivasis of the land in dispute on the ground that they were entered as occupants in 1356F. Alleging that they had been wrongfully dispossessed by the petitioner in Asarh 1357F, they made an application under Sec. 232 of the U.P. Zamindari Abolition and Land Reforms Act praying for restoration of possession. The application was contested by the appellant mainly on two grounds. One was that it was not maintainable under Sec. 232 of the Act as there had been no dispossession through Court. The other was that the appellant having acquired Bhumidhari rights could not be dispossessed.

(3.) The trial court allowed the application of the respondents. In appeal by the appellant both the grounds mentioned above found favour with the Additional Commissioner and he allowed the appeal. An application in revision was then filed by a respondent before the Board of Revenue but the Board dismissed it as it agreed with the Commissioner on the first point about the non-maintainability of the application under Sec. 232 of the Act. The respondents filed the Writ petition out of which this appeal has arisen and contended that the view of law taken by the Additional Commissioner as well as the Board on the question of the maintainability of the application of the respondents under Sec. 232 was erroneous and the orders of the Additional Commissioner and the Board of Revenue were liable to be quashed. This contention was accepted by the learned single Judge who heard the writ petition and by an order dated 13-2-1962 he allowed the petition and quashed the orders of the Additional Commissioner and the Board by a writ of certiorari.