SHOBHIT GUPTA Vs. COMMISSIONER, MORADABAD DIVISION

JUDGEMENT

(1.) Petitioner was bhoomidhar of agricultural plot No.341, area 0.237 hectare. He filed an application for grant of certificate under Section 143 of U.P.Z.A. & L.R. Act, which was registered as Case No.9 of 2004-05 on the file of Deputy Collector, Sadar, Rampur. Petitioner's case was that he was using the land in dispute for non agricultural purpose. Deputy Collector through order dated 29.11.2004 granted the certificate on the basis of report of Tehsildar dated 11.11.2004. State of U.P. through Collector, Rampur filed appeal against the said order before Collector, Rampur which was registered as Case No.10 of 2004-05. The court completely fails to understand that what concern the State has got with grant of certificate under Section 143 of U.P.Z.A. & L.R. Act. State or Gaon Sabha was not claiming any right over the land in dispute. Collector, Rampur allowed the appeal through order dated 31.01.2006. Against the said order, petitioner filed revision being Revision No.10 of 2005-06, which was dismissed on 11.09.2006 by Commissioner, Mordabad Division, Moradabad, hence this writ petition. Appeal may be filed only by an aggrieved person. Petitioner could file appeal if his application had been rejected.

(2.) Collector and Commissioner have treated the matter as if petitioner has caused some immense loss to the State. They have behaved as if they are running a police State. Learned counsel for the petitioner states that petitioner intended to establish petrol pump over the land in dispute. It appears that the Collector was under pressure of some rival of the petitioner. Grant of certificate under Section 143 of the Act cannot adversely affect the State in the least unless over the land State or Gaon Sabha claims some right. In the order passed by the Collector itself it is mentioned that lay out plan for establishing petrol pump over the land in dispute had been sanctioned. It is further mentioned therein that in 1411 Fasli the land in dispute was mentioned in revenue records as abadi but in 1412 Fasli trees were shown in the revenue records. If a person after planning to build house, factory or petrol pump plants trees on the boundary of the proposed building, the land does not become agricultural. Planting trees in house, factory or petrol pump is not unusual. It is fairly commendable.

(3.) Accordingly, writ petition is allowed. Both the impugned orders are set aside. Order dated 29.11.2004 passed by Deputy Collector, Sadar, Rampur granting certificate under Section 143, U.P.Z.A. & L.R. Act is restored.