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1984 DIGILAW 451 (ALL)

Dori Lal v. Dal Chandra

1984-06-18

I.B.SINGH

body1984
JUDGMENT I.B. Singh, Member- This is a reference dated 13-5-1982 made by learned Additional Commissioner, Agra Division, Agra, recommending to set aside order dated 30-9-1981 passed by SDO in a proceeding under Section 198-A of Act I of 1951 as that section is not applicable to the case of allotment for abadi purposes made under Rules 115-L or 115-M. 2. I have heard the learned counsel for the parties and have perused the record. 3. It has been argued that the appeal filed by the applicant was converted into revision ; that Section 198-A is not applicable to allotments for abadi purpose; that the application for proceeding under Section 41 of Land Revenue Act was dismissed on 15-4-1980 as the land allotted to the opposite party was not found on the spot. 4. It has been argued in reply that the land was agricultural land and covered by Sections 195 to 198 of the Act, therefore, even if it was allotted for abadi purpose, proceeding under Section 198-A was within jurisdiction and the application was maintainable; that the appeal filed against the impugned order was not maintainable. 5. Section 198-A has been substituted by U. P. Act no. XX of 1982 and the section is in effect from 10-11-1980 in view of previous ordinances. Section 198-A (1) restoration of possession to Gaon Sabha allottees ........... runs as follows :- "198-A.-Restoration of possession to Gaon Sabha allottee-Rule (1). Where any land referred to in Section 195 or section 197 is allotted to any person whether as a bhumidhar with non-transferable rights or as an asami, and any person other than the allottee is in occupation of such land in contravention of the provisions of this Act, the Assistant Collector may of his own motion and shall on the application of the allottee put him in possession of such land and may, for that purpose use or cause to be used such force as he considers necessary." 6. The section is very clear that it applies to allotment of land referred in Section 195 or 197 and it does not apply to allotment of any other land under any other section or rule of Act I or U.P.Z.A. and L.R. Rules. 7. Allotment of land for housing purposes is not covered by the aforesaid section. 8. The section is very clear that it applies to allotment of land referred in Section 195 or 197 and it does not apply to allotment of any other land under any other section or rule of Act I or U.P.Z.A. and L.R. Rules. 7. Allotment of land for housing purposes is not covered by the aforesaid section. 8. Section 122-C of Act I of 1951 is for allotment of land for housing site for members of scheduled castes, agricultural labourers etc. Its sub-section (8) runs as follows and provides for delivery of any such land to an allottee or to the Gaon Sabha after ejectment of every person holding or retaining possession thereof, and may, for that purpose use or cause to be used such force as may be necessary. 9. "Section 122-C (8) The Assistant Collector incharge of the sub-division, of his own or on any application made to him in the behalf, may in order to carry into effect any allotment of land or other order made under sub-section (2); sub-section (4) or sub-section (6) direct delivery of possession of any such land to an allottee or to the Gaon Sabha after ejectment of every person holding or retaining possession thereof, and may for that purpose use or cause to be used such force as may be necessary." 10. Rule 115-L and Rule 115-M of U.P.Z.A. and L.R. Rules also provide for allotment for abadi sites for preferential categories and other abadi sites respectively but there is no provision in Rules 115-L to 115-U for restoration of possession to allottee of Gaon Sabha's land like Section 193-A or Section 122-C (8), therefore, no application can lie for restoring possession of abadi sites to allottees allotted either under Rule 115-L or Rule 115-M of U.P.Z.A. and L.R. Rules. 11. In the present case the allotment to the applicant was made either under Rule 115-L or Rule 115-M and was neither made under Section 197 or 198 or under Section 122-C, therefore, any of the provisions of restoration of possession to allottee mentioned above are not applicable. 11. In the present case the allotment to the applicant was made either under Rule 115-L or Rule 115-M and was neither made under Section 197 or 198 or under Section 122-C, therefore, any of the provisions of restoration of possession to allottee mentioned above are not applicable. The land allotted to the applicant could not be located on the spot in view of proceedings under Section 41 of land Revenue Act having ended against him, therefore, the learned S.D.O. acted beyond jurisdiction ordering restoration of possession to the applicant purporting to act under provisions of Section 198-A of Act 1 of 1951 which are not at all applicable in his case, therefore, the recommendation is accepted and this revision application is liable to be allowed and the order passed by S.D.O. is liable to be set aside and the application of the applicant is liable to be rejected. 12. In view of the above, this revision application is allowed. The order dated 30-4-1981 passed by learned S.D.O. is set aside and the application of the applicant for restoring possession to him is rejected.