JAYRAJ SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri H.C. Dwivedi, learned counsel holding brief of Sri Pulak Ganguly for the petitioner, learned Standing Counsel for the State respondents and Sri Sunil Kumar Singh, learned counsel for the Gaon Sabha. RELIEF CLAIMED:

(2.) Prayer made in the writ petition is to issue a writ of mandamus commanding the respondents to grant absolute Bhumidhari rights in favour of the petitioner in view of Ss. 131A and 131B of the U.P.Z.A. & L.R. Act, 1950 (in short 'Act, 1950') read with Sec. 76 of U.P. Revenue Code, 2006 (in short 'Code, 2006'). Further prayer is to issue a direction for consideration of the petitioner's representations dtd. 7/5/2022 and 15/6/2024 moved before the Sub-Divisional Officer concerned. CONTENTION OF PETITIONER

(3.) Learned counsel for the petitioner submits that on account of certain previous proceedings in relation to the lease granted in favour of the petitioner and with the passage of time, the petitioner has acquired status of Bhumidhar with transferable rights. Reference to Sec. 131A and 131B of the Act of 1950 has been made in this regard and, by referring to Sec. 76 of the Code 2006, it is urged that as per Sub-sec. (2) thereof, after expiry of a period of five years from acquiring the status as Bhumidhar with non-transferable rights before the commencement of Code, 2006, the tenure holder would acquire status as Bhumidhar with transferable rights, therefore such rights should be conferred upon him by Sub-Divisional Officer. ANALYSIS: