BHOLA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Kumar Anish, learned counsel for the petitioner, Sri Vishal Singh, learned Standing Counsel for the State and Sri Sunil Kumar Singh, learned counsel for Land Management Committee.

(2.) Brief facts of the case are that a Suit was filed by the petitioner under Sec. 229B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (herein after referred to as U.P.Z.A. and L.R. Act) in respect to plot Nos. 335 and 190 situated at village Dubli, Pargana Dankaur, Tehsil Sikandrabad, District Bulandshahar. The issues were framed before the trial Court and parties have adduced evidence in support of their cases. The trial Court vide judgment/decree dtd. 3/11/1995 decreed the plaintiff's Suit granting benefit of Sec. 122B (4F) of the U.P.Z.A. and L.R. Act recording finding of the fact that petitioner belongs Scheduled Caste (Jatav) Community and has been found in possession since long as well as plot in dispute is not public utility plot, as such petitioner is entitled to be recorded as bhumidhar with non transferable right. The judgment and decree passed by the trial Court dtd. 3/11/1995 was challenged in appeal under Sec. 331 of the U.P.Z.A. and L.R. Act before the Commissioner which was registered as Appeal No. 15 of 199596. The aforementioned appeal was allowed by Additional Commissioner vide judgment dtd. 25/6/1997 setting aside the judgment/decree dtd. 3/11/1995. Second appeal filed by petitioners was heard and dismissed by the Board of Revenue vide order judgment dtd. 14/1/2002. Hence this writ petition for following reliefs :

(3.) This Court entertained the matter and granted the interim order on 10/7/2003. In absence of counter affidavit, this Court admitted writ petition on 6/10/2005.