SHIV RAJ Vs. ADDITIONAL COLLECTOR SUPPLIES GHAZIABAD

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 25-11-1997 passed by the Additional Col lector, respondent No. 1, allowing the revision filed by respondents Nos. 3 and 4.

(2.) THE facts, in brief, are that the Lekhpal submitted a report on 5-8-1995 to the Tahsildar that the petitioners had encroached upon the land of the Gaon Sabha Dasna, District Ghaziabad. THE Tahsildar/assistant Cpllector, Ghaziabad took the proceedings under Section 122-B of U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) against the petitioners. He issued notice in Form 49-A to the petitioners indicating that the petitioners were in un authorised occupation of plot Nos. 3298, 3299, 3300, 3301 and 3303 of the village in question. THE petitioners filed objection. THEy stated that they are Jatav by caste and belong to Scheduled Caste. THEy have been in possession over the land in dispute prior to the year 1985 and have acquired Bhumidhari rights under Section 122-B (4-F) of the Act. Shyam Lal, petitioner No. " 2, appeared as witness and produced Ram Das and Daya Ram in support of their version. On behalf of the State the Lekhpal made statement. THE Assistant Collector by his order dated 23-11-1995 held that the petitioners were in posses sion since prior to June 30, 1985 and they, being Scheduled Caste landless agricul tural labourers, were entitled to the benefit of Section 122-B (4-F) of the Act and dropped the proceedings.

(3.) LEARNED Counsel for the petitioner submitted that the application filed by the respondents to recall the order dated 23-11-1995 was not maintainable as they were not parties to the proceedings under Sec tion 122-B of the Act. A perusal of the order dated 23-11-1995 indicates that the Assistant Collector had granted the benefit to the petitioners under Section 122-B (4-F) of the Act which provides that where any agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in Gaon Sabha under Section 117 of the Act before June 30, 1985 it shall be deemed that he has been admitted as Bhumidhar with non-transferable rights of that land under Sec tion 195 of the Act. Those provisions read as under: "122-B (4-F ). Notwithstanding anything in the foregoing sub-sections, where any agricul tural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gaon Sabha under Section 117 (not being land mentioned in Section 132) having occupied it from before June 30, 1985 and the land so occupied together with land, if any, held by him from before the said date as Bhumidhar, Sirdar or Asami, does not exceed 1. 26 hectares (3. 125 acres), then no action under this Section shall be taken by the Land Management Com mittee or the Collector against such labourer, and it shall be deemed that he has been ad mitted as bhumidhar with non-transferable rights of that land under Section 195. 195. Admission to land.- The Land Management Committee with the previous ap proval of the Assistant Collector in charge of the sub-division shall have the right to admit any person as bhuimidhar with non- transferable rights to any land other than land being in any of the classes mentioned in Section 132) where - (a) the land is vacant land, (b) the land is vested in the Gaon Sabha under Section 117, or (c) the land has come into the possession of Land Management Committee under Sec tion 194 or under any other provision of this Act. "