REGENT COMPUTRONICS PVT. LTD.

RADHEY SHYAM Appellant

V/S

STATE OF U.P. Respondents

Referred Judgements :-

JUDGEMENT

(1.) By means of filing the present writ petition under Art. 226 of Constitution of India, the petitioner has assailed the letter and order dated 1.11.2011 passed by Forest Settlement Officer i.e. opposite party no.-3 and further prayer to issue a writ, order or direction in the nature of certiorari quashing the notifications dated 26.8.1950 and 11.11.1955 issued under Sec. 4 and 20 of Indian Forest Act contained as Annexure Nos.-12 and 13 of the writ petition. Petitioner has also prayed for issue of a writ, order or direction in the nature of Mandamus commanding the respondents to undertake the proceedings for conferment of rights upon the petitioners in respect of land in question to which, they are entitled in law as a consequence of enforcement and applicability of U.P. Zamindari Abolition and Land Reforms Act, 1950, with further direction to issue a writ in the nature of Mandamus commanding the Collector Sultanpur to maintain the records regarding the land in question and not to expunge the names of the petitioners from revenue records and further not to interfere in peaceful possession of the petitioners over land in dispute.

(2.) The brief facts giving rise in filing the first writ petition are that the land in dispute is situated in Village Ratanpur Tehsil and District Sultanpur to which, the provisions of Awadh Rent Act 1886 is applicable. It has been narrated by the petitioner that after the enforcement of U.P. Zamindari Abolition and Land Reforms Act, 1950, a new right were conferred upon erstwhile tenants, who were holding the land on the tenancy under the provisions of U.P. Tenancy Act 1939. As per version of the petitioners as narrated in paragraph-11 of the petition, they were recorded over Khatas and plots/land mentioned in the petition but later on in the Khevat for the year 1356-1357 Fasli, Union Government was shown to be as a proprietor of Khevat No.-2 while in Khevat No.-1/2 over area of 543-3-7 was shown to be under the Management of the Forest Department. In subsequent Khataunies prepared in 1359 Fasli, the land which was recorded in the name of Forest Department was separately shown in separate Khatas and it did not comprise any of the plots which the petitioners are claiming to be held by them under tenancy as hereditary tenants. A large area which is entered as a State land in the Management of Forest Department and for which a notification was issued in the year 1950-55 have been shown the land in the management, control and possessory title of Forest Department, are wrong and no opportunity of hearing was given to the petitioners while issuing the notification to acquire the land in favour of the State or the forest and the right title interest of the petitioners have not been extinguished by virtue of operation of Uttar Pradesh Zamindari Act, thus the present petition has been filed to quash the notifications declaring the land as forest land issued in the year 1955 with further relief to record the names of the petitioners on the lands' shown in the writ petition.

(3.) Similarly in writ petition no. 4242 of 2015 , the petitioner had claimed his right over plot no.- 373/2 and 374 situated in Village Ratanpur Tehsil Sadar and District Sultanpur, which were also declared as forest land and in the management and control of Forest Department.

Click here to view full judgment.

RADHEY SHYAM Vs. STATE OF U.P.

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address