FARID AHMAD Vs. DY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) THE petitioners were granted a lease of certain area of land of plot No. 1221/2/2 by the Gaon Sabha. It appears that certain dispute arose about the validity of this patta but that was upheld by the Sub-Divisional Officer in case No. 1230. THEreafter in consolidation proceedings the petitioners applied for the entry of the names as sirdar on the basis of this patta. THE consolidation authorities have gone in to the merits of the procedure adopted for granting the patta, and held that as the area leased out was a tank no sirdari rights could accrue in favour of the petitioner. For these reasons the application of the petitioners has been rejected.

(2.) IT is now settled by a Full Bench of this Court in Similesh Kumar v. Gaon Sabha Uskar, Ghazipur, 1977 AWC 259 that a lease executed by the Gaon Sabha can be set aside only by the procedure set out in U. P. Zamindari Abolition and Land Reforms Act, and the consolidation authorities have no right to hold that the lease granted by Gaon Sabha is invalid. In view of this decision it was erroneous on the part of the consolidation authorities not to give effect to the lease granted by the Gaon Sabha. Shri K. B. Garg appearing on behalf of the Gaon Sabha urged that inasmuch as the lease related to a land included in a tank no sirdari right could accrue, in view of Section 132 of the U. P. Zamindari Abolition and Land Reforms Act. This contention is not borne out by that section. Sub-section (a) of Section 132 of U. P. Zamindari Abolition and Land Reforms Act is relevant and reads as under :-