RAJVIR AND OTHERS Vs. COLLECTOR DISTRICT BULANDSHAHAR

JUDGEMENT

(1.) By this writ petition, the learned Counsel for petitioners has challenged the order passed by Tehsildar Bulandshahr in proceeding under Sec. 122-B confirmed by the Additional Collector. Bulandshahr in revision. As pure question of law has been raised in this case, it is not necessary for this Court to issue notice or to grant time for filing counter affidavit to State Counsel. The writ petition is being finally disposed of as only aspect is to be determined.

(2.) Learned counsel for petitioners argued that the land in question is not pokhar and, therefore, the order of the two authorities is bad. The petitioner himself admitted that the land is pokhar as is apparent from the judgment of Additional Collector. The only plea taken by petitioners is that he is cultivating land in dispute for last 15 years. The pokhar is land of such a nature that in it no sirdari rights or non-transferable bhumidhari rights can accrue in view of Sec. 132 and, therefore even if it is accepted that petitioners belong to scheduled caste and were cultivating the pokhar land yet they cannot get any right.

(3.) Learned counsel for the petitioners then argued that the petitioners are soldiers serving in the Army and, therefore, the ex-parte order, which has been passed against them in respect of damages, is liable to be quashed. It appears from the order that although damages of Rs. 14,980.00 have been awarded against the petitioners and Rs. 51- for execution but the reason for awarding of Rs. 14,980.00 as damages has not been given. Learned Standing Counsel representing the State could not justify the judgment tor want of reasons in respect of damages.