MOHD ISHAQUE Vs. STATE OF U P

JUDGEMENT

(1.) THOUGH the relief sought in this petition was to issue a writ, direction or order in the nature of mandamus directing the respondent No. 2 to decide the case No. 15 of 2007 under Section 33/39 L.R. Act, pending before S.D.M. Tahsil Sadar Allahabad regarding plot No. 532 admeasuring 2 Bighas 5 Biswas situated in village Kareli Tahsil Sadar District Allahabad, it transpired that earlier petition filed by the petitioner had already culminated in dismissal and the petitioner camouflaging the factum of dismissal of earlier writ petition preferred the present petition and further the Court made certain queries which are reproduced below : "(1) Whether Zamindari has been abolished in the City of Allahabad particularly in village Kareli, Tansil Sadar District Allahabad if so the copy of notification. (2) The entire record by which petitioners' names were mutated in Khatauni on the basis of unregistered mortgage deed relied upon by the petitioners, reference to which has been made in the Khatauni and details of which have been mentioned above. (3) If petitioners' names were expunged, the copy of the order if any, alongwith the entire record. (4) Whether any proceeding under Sections 33/39 of the U.P. Land Revenue Act is pending before Tahsildar if so, the entire record of that proceeding."

(2.) SUBSEQUENTLY, it transpired that the order dated 15-2-1977 allegedly passed in case No. 15 of 1976 which was incorporated on 20-10-1993 in the revenue record and which furnished foundation for claim of the petitioner, was found to be forged inasmuch as it was found that neither any such case was registered nor any such order was ever passed in so far land in question was concerned. In the circumstances, this Court in its order dated 28-4-2006 directed root and branch enquiry on the precise points for scrutiny which are quoted below : "(a) the forged entry made in Khatauni or Khasra if there is no order passed by any competent authority; (b) the entry made in favour of a person on the land vested in the State and under management of the State and governed by Section 132 of the U.P.Z.A. & L.R. Act; (c) the entry made in favour of any person without any registered document on transfer of land whether by registered sale deed, gift deed, mortgage deed, etc.; (d) the entry made in the revenue record like the present one where in fact there was no case or order passed but it was referred to in Khataur without any valid basis alleging it to have been made pursuant to some order in some case."

(3.) IN the above conspectus, as a special extenuation in favour of ignorance, the Court feels inclined to relax the rigours and feels called to do something so that common people who were deprived of benefits due to their ignorance, must derive benefit from the policy decision of the Government. It has not been repudiated that notification was published in Gazette published by Rajasva Anubhag-6 No. 3098/1-6/2002-142(4)/94 dated 3-1-2003 but no wide publicity was given to the policy of the Government about the amendment in the Rules, 1987 so as to make the common people aware of the policy of the Government. IN the circumstances, the Court is of the view that amended notification in the Gazette may be given wide publicity to enable the common people to gain knowledge and therefore, the Court is of the view that the District Magistrate Allahabad should advertise policy decision of the State Government enforced through the amendment made in the Rule of 2003, in the local Newspaper giving it wide publicity and also by pasting the same on the notice Board at collectorate at some prominent places and fix reasonable time so that person desirous of applying may also apply for regularization of their possession. The applications so received if satisfy all the postulates of the amended Rules and policy decision regarding the State land through Notification dated 3rd January, 2003. The same may be considered and final order may be passed.