BABULAL Vs. G S HASHMI

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution praying for a writ of prohibition restraining the Tehsildar of Mau, opposite party No. 1, from proceeding further with the proceedings, under Rule 115-C, U. P. Zamindari Abolition and Land Reforms Rules.

(2.) Before the abolition of the zamindari, the petitioner asserts that he was a co-sharer in patti No. 10 of village Khor, pargana Mau, district Banda, in which plot No. 251/1 measuring an area of 53 bighas and 3 biswas is situate. According to the petitioner's assertion in the affidavit it was cleared and brought under cultivation in 1358-F. and since then he has been cultivating it. Near about 6th of November, 1956 a registered letter purporting to be on behalf of apposite parties Nog. 2 to 14 was sent to the Tahsildar of Mau complaining against Sri Ansdhari, Pradhan of the Gaon Sabha. A similar letter was sent to the Sub-Divisional Magistrate, Karvi, and that was sent by him to the Tahsildar of Mau. Thereupon a notice under Rule 115-D of the U. P. Zamindari Abolition and Land Reforms Rules was issued against the petitioner requiring him to file an objection in his Court on 4th of April, 1956. These proceedings have been challenged by means of the present petition.

(3.) The history of the plot as set out in the affidavit of the petitioner is that on 3rd of December, 1953 a meeting of the Land Management Committee of the Gram Samaj was called under the orders of the Government to give land of the Gram Samaj to needy villagers. On that date the petitioner had come to know that plot No. 251/1 which had been under his cultivation was also to be let out. The petitioner made a representation in the meeting praying that the land was cultivated by him and should not be let out to others. The Land Management Committee unanimously decided to recognise the petitioner's right over 24 bighas of plot No. 251/1 and a patta was executed in the name of the petitioner and his younger brother Ram Krishna. On 28th of March, 1955 the Sub-Divisional Officer, Karvi, during his inspection tour and partal in village Kher made a note in the Khasra of 1362F, against the name of Babu Lal on plot No. 251/1 in the following words: "This patta is cancelled. The land vests in the Gaon Samaj." The validity of this endorsement is challenged by the petitioner. Thereupon on 13th of May, 1955 the Chairman of the Gaon Samaj was called by the Naib Tehsildar and certain endorsement was made on the register of the Gaoa Samaj behind the back of the petitioner or Ram Krishna. The petitioner, however, continued to be in possession of this plot since 1358F. Thereafter 13 persons of the village sent a registered letter to the Tahsildar of Mau which was sent by him to the Supervisor Kanungo. Rajapur, on 16th of November, 1955 for enquiry and a report was submitted by him on 5th of December, 1955, and thereupon on 6th of December, 1955 the Tahsildar sent a report to the Sub-Divisional Magistrate to the effect that the Chairman of the Land Management Committee executed a lease in favour of the present petitioner his brother which was cancelled by the Sub-Divisional Magistrate on 28th of March, 1955; but in spite of that cancellation the petitioner continued to be in possession. If approved by the Sub-Divisional Magistrate the petitioner may be prosecuted under the criminal law. The Sub-Divisional Magistrate, however, issued notice under Rule 115 on 16th of December, 1955 requiring the petitioner to file objections on 4th of April, 1956.