BANKEY LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Akhtar Ali, holding brief of Mr. Arun Kumar Gupta, learned counsel for the petitioner, Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sher Bahadur Singh, learned counsel for respondent No. 4/Gram Sabha.

(2.) With the consent of the parties, matter is being heard and disposed of without inviting counter-affidavit.

(3.) Brief facts of the case are that plot number 38/3 area 0.194 hectare situated in Village-Chatdang @ Baldevpur, Pargana, Tehsil and District-Pilibhit was initially recorded in the name of Gaon Sabha as Navin Parti. Petitioner belongs to schedule caste community/category and was landless agricultural labourer. Petitioner remained in possession over the plot No. 38/3 accordingly petitioner was granted benefit of Sec. 122-B(4F) of U.P.Z.A. &L.R. Act vide order dtd. 20/7/2010 as such petitioner was recorded as bhumidhari with non-transferable right in Class- 6(2) Category. Petitioner applied for recording his name as bhumidhar with transferable right, after expiry of required period, which has been rejected by the impugned order dtd. 24/3/2023 passed by UP-Ziladhikari, Tehsil-Sadar, District-Pilibhit. Revision filed by the petitioner under Sec. 210 of U.P. Revenue Code, 2006, has been also dismissed vide order dtd. 24/5/2023, hence this writ petition on behalf of the petitioner challenging the order dtd. 24/3/2023, passed by Sub-Divisional Officer, Sadar, District-Pilibhit and order dtd. 24/5/2023 passed by Additional Commissioner (Administration) Bareilly Division, Barelilly.