LAWS(ALL)-2019-10-426

KIRANWATI Vs. STATE OF U.P. AND ORS.

Decided On October 15, 2019
Kiranwati Appellant
V/S
State of U.P. and Ors. Respondents

JUDGEMENT

(1.) List has been revised. No one appears for respondent No. 2.

(2.) Heard learned counsel for the petitioner and learned Standing Counsel representing respondent No. 1.

(3.) The facts of the case are that the petitioner instituted Case No. 300/2002 under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950') praying to be declared as Bhumidhar with non-transferable rights of Plot No. 274 area 0.885 hectares on the ground that she was in possession of the said plot for the last 20 years. In case No. 300/2002, the Lekhpal of the village as well as Up Pradhan and Pradhan appeared as a witness and testified that the petitioner was in possession of the disputed plots for more than 10 years before May, 2002. The petitioner had also produced documents to prove that she belonged to the Schedule Caste community. In light of the aforesaid evidence, the petitioner was entitled to be recorded as Bhumidhar with non-transferable rights under Section 122-B(4F) of the Act, 1950. The Deputy District Magistrate, Khurja, relying on the aforesaid evidence, vide his order dated 2.11.2002, directed that the petitioner be recorded as Bhumidhar with non-transferable rights of the disputed plots.