KAILASH KUNWAR Vs. STATE OF U P

JUDGEMENT

(1.) THE only dispute involved in this petition is whether plot No. 293 having an area of 30 bighas 6 biswas and 10 Kari should be classified as unirrigated land or 15 bighas out of this plot is to be treated as irrigated land as held by the learned Judge. THE learned Judge in his judgment has noted that in the year 1378F. wheat was grown in an area of 15 bighas and gram in an area of 12 bighas and odd. In the year 1379F only one crop was raised. In the year 1380F. an area of 5 bighas was covered by wheat in the Rabi season and the rest by gram, matar etc. In none of these years Kharif crop is shown to have been grown over any part of the plot. From the mere fact that over a part of the land wheat had been grown in the relevant years the learned Judge was not justified in jumping to the conclusion that this could have been possible only if irrigation facility was available. Even assuming that irrigation facility was available over a part of the land since only one crop had been grown over this plot in the relevant years no part of the land can be classified as irrigated land. THE case of the petitioner was that plot No. 293 was in the shape of a Talab which got filled up during the rainy season and cultivation was not at all possible. It was only during Rabi season when the water of the Talab dried up that cultivation was possible. THE extract of Khasra of 1378F. further indicates that only 3 bighas of this land was entered as irrigated. However, in view of the fact that two crops had not been raised in any one of the relevant years, the land could not be classified as irrigated land even if it be assumed that irrigation facility was available.

(2.) THE entire plot No. 293 must be classified as unirrigated land. Since plot No. 293 is to be classified as unirrigated land, there would be no surplus land with the petitioner.