NOOR ALI Vs. ADDITIONAL DISTRICT MAGISTRATE EXECUTIVE VARANASI

JUDGEMENT

(1.) Sri Vinoba Bhave, the known non-violent revolutionary saint started a compaign for donation of land from rich landlords for distribution to the landless agricultural labourers. It is popularly known as "Bhoodan Yagna", He travelled various parts of India to persuade the landlords who had surplus land so that it could be distributed to the landless agricultural labourers. It was in fact parting of land by persuasion on the part of the landlords to the Bhoodan movement. It was also to counter act the violent movement of land reforms i.e. nexalism and he believed in non-violent movement as a true disciple of Mahatma Gandhi. His appeal to donate the land succeeded to a major extent and land donated under Bhoodan Yagna scheme was invested in committees constituted under the Bhoodan Yagna Act to distribute the land or authorities constituted for that purpose and the various States passed enactments. U.P. Bhoodan Yagna Act, 1952, was also enacted.

(2.) The question in this case is whether the land could be allotted to the petitioners by the committees constituted under the U.P. Bhoodan Yagna Act 1952 (hereinafter referred to as the Act) to the petitioners who are not landless labourers. The land was allotted to them but later on Collector exercised the powers under Section 15-A of the Act after giving them the opportunity to be heard and passed the order dated 26.4.1982 recalling his order dated 31.8.1976 on the ground that the petitioners are not agricultural landless labourers.

(3.) The petitioners have prayed for a writ of certiorari quashing the order dated 26.4.1982 (Annexure No.6).