SHEO VARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition is directed against an order of the Mines Tribunal, Agra, dated 24-11-1977, determining the terms and conditions of the lease under Section 107 (2) of U. P. Zamindari Abolition and Land Reforms Act (Act No. 1 of 1951), (hereinafter referred to as 'the Act').

(2.) The relevant facts are these. The petitioner, Sheobaran Singh, was an intermediary and Zamindar of Villages Ghaskata and Tantpur in tehsil Kheragarh, district Agra, before the enforcement of U. P. Act I of 1951. On the publication of the notification under Section 4 of the Act, all the estates stood transferred to and vested in the State free from all encumbrances. Consequences of vesting of an estate in the State are stated in Section 6 of the Act. It provides that when the notification under Section 4 has been published in the Gazette, then,

(3.) After the enforcement of U. P. Act I of 1951, the petitioner was asked by the Collector, Agra, to stop quarrying stones in the said village. The petitioners, thereupon, filed a writ petition in the High Court. The writ petition was finally allowed on March 18, 1955. The High Court held that the petitioner was entitled to take advantage of the provisions of Chapter VI of the Act. A direction was issued by the High Court to the State Govt. and the Collector, Agra, for considering the application of the petitioner for grant of a lease under Sections 106 to 108 of the Act. It was also held that the petitioner was entitled to continue the working of the mines in accordance with the provisions of Chap. VI of the Act.