KRIPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 28.9.2004 of Assistant Collector, Bharthana, District Etawah rejecting petitioner's application refusing to provide benefit of Section 122-B(4-F) of the U.P. Z.A. & L.R. Act (hereinafter referred to as the Act) in allotment of land involved in Suit. A revision preferred by petitioner against the said order was also rejected by the judgment dated 14.3.2005.

(2.) Heard learned counsel for the petitioner, learned Standing Counsel as well as learned counsel for Gaon Sabha.

(3.) Learned counsel for the petitioner urged that the order passed by the authorities below are vitiated in law. As petitioner was an landless agricultural labourer belonging to the Scheduled Caste in actual possession of the land in dispute on 1st May, 2002, he will acquire rights under Section 122-B(4-F) of the Act. He further urged that the findings of the authorities below to the contrary are unsustainable in law and the impugned orders were not passed in accordance with law.