GOTAI DAS Vs. ABHILAKH KUMAR AND OTHERS

JUDGEMENT

(1.) The present revision was filed by Gotai Das against Abhilakh Kumar Tewari, Gaon Sabha and L. M. C. in the Court of Commissioner, Allahabad which was referred to this court by the Additional Commissioner, Allahabad vide his order dated 20-10-83 with the recommendation that the order dated 1-2-82 passed by the Additional Collector Allahabad under Sec. 198 of U.P.Z.A. & L.R. Act should be set aside and the case should be remanded for to retrial by this order. The learned Additional Collector abated the case under Sec. 198 (4) of U.P.Z.A. & L.R. Act filed by Gotai Das for cancellation of Assami Patta dated 17-7-72 granted by L.M.C. to Abhilakh Kumar Tewari regarding plot No. 358/5.0.0 recorded as Talab of Gaon Sabha. The learned Additional Collector abated the case under Sec. 198 (9) of U.P.Z.A. & L.R. Act as amended by U.P. Act No. 20 of 1982.

(2.) I have heard the learned counsel for the parties. The learned counsel for the revisionist argued that the case was not covered by Sec. 198 (9) of U.P.Z.A. & L.R. Act as such it could not have been abated. Only those cases regarding the land of 132 U.P.Z.A. & L.R. Act are to be abated regarding which Sirdar or Bhumidhar Pattas were given with the approval of S.D.O. The present case was of Asami Patta granted under Sec. 197 of U.P.Z.A. & L.R. Act by the L. M. C. The learned counsel for O.P. No. 1 justified the order of the trial court and argued that no distinction can be made between Asami of the land of Sec. 132 of U.P.Z.A. & L.R. Act to whom Asami Patta was given by the L. M. C. or to an Asami who will be deemed as Asami of those land under Sec. 198 (9) (a) of U.P.Z.A. & L.R. Act and as such the present case was rightly abated. The learned D.G.C. (R) argued that the intention of the legislature was to regularise the occupation of the allottees of the land mentioned under Sec. 132 of the Act which was irregular. According to him the Patta being Sirdari or Bhumidhari of the land of Sec. 132 was liable to be cancelled or the face of it but now Asami rights are given to these patta holders but it does not mean that in the absence of Manadi. Agenda etc. their pattas should be held as proper and valid for asami rights. The intention of the legislature simply was that such Sirdar and Bhumidhar should be deemed as Asami Patta holders from year to year.

(3.) I have considered the above arguments of the learned counsel for the parties. It is true that the intention of the legislature as given in para-5 of the statement of the objects and reasons as attached to the bill on the basis of which U.P. Act 20 of 1982 i.e. U.P. Land Laws (Amendment) Act 1982 published in the U.P. Gazette Extra Ordinary dated 20th Aug. 1982, was passed is as under -