Research › Browse › Judgment

Allahabad High Court · body

1985 DIGILAW 132 (ALL)

Jaipal Singh v. L. M. C.

1985-01-30

PARMATMA SINGH

body1985
JUDGMENT Parmatma Singh, Member- This reference has been made by Sri S.K. Ahmed, learned Additional Commissioner, Agra, vide his order dated 11-3-83 for quashing the order of the Sub-Divisional Officer dated 3-11-82 and for remanding the case to him for getting a list of eligible persons from the Land Management Committee and to scrutinise the list whether the land has been proposed to be allotted to eligible persons, 2. The facts of the case, briefly stated, are that on 2-3-82 the Lekhpal submitted a report that Land Management Committee Chhinparai of Tahsil Math, district Mathura, had passed a resolution on 21-2-82 for allotment of land measuring 149.05 acres to 50 persons, that the resolution had been passed in accordance with the rules and that an approval to the said resolution be granted. This report has submitted by Tahsildar to Sub-Divisional Officer on 24-3-82 for approval. The learned Sub-Divisional Officer disapproved the list stating that the list had not been prepared in accordance with Section 198. Against that, a revision was preferred before the learned Additional Commissioner who made the recommendation aforesaid. 3. I have heard the learned counsels for the parties and perused the record. 4. The learned counsel for the revisionists submits that the proceeding for approval of resolution passed by the Land Management Committee is a judicial proceeding and for this he placed reliance on 1981 R.D. 206. He further submits that the learned Sub-Divisional Officer had not given any reasoned order, and that the order of the Sub-Divisional Officer was no order in the eye of law. The learned District Government Counsel, on the other hand, submits that the order of the Sub-Divisional Officer as an administrative order and it was not assailable through a revision. 5. The Land Management Committee has a right to admit any person as Bhumidhar 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 Section 194 or under any other provision of the Z.A. and L.R Act. This has been provided in Section 195 of U.P. Act I of 1951. This has been provided in Section 195 of U.P. Act I of 1951. Under Section 197 of the Act the Land Management Committee shall have the right to admit any person as asami to any land falling in any of the classes mentioned in section 132 where (a) the land is vacant land, (b) the land is vested in the Land Management Committee, or (c) the land has come into the possession of the Land Management Committee under Section 194 or under any other provisions of the Act. The Land Management Committee shall have to obtain prior approval of the Assistant Collector Incharge of the Sub-Division for admitting any person as bhumidhar or asami to any land, as provided in sections 195 and 197 of the Act. Under Section 198, sub-clause (1), the order of preference in admitting persons to land under Sections 195 and 197 has been provided. In sub-section (3) of Section 198, the maximum limit of land to be allotted has to one person been provided. The procedure for admission to land has been provided under Rules 173 to 177 of the U.P.Z.A. & L.R. Rules. Under sub-rule (3) of rule 176, the documents referred to in sub-rule (l) are required to be forwarded to the Assistant Collector Incharge of the sub-division along with a copy of the proceedings of the meeting of the Committee in which the decision to settle land was taken, and (b) a certificate from the Lekhpal concerned to the effect that the particulars of the land mentioned in the list are correct, and that the admission to the land is in accordance with the provisions of the Act and the Rules. On receipt of the documents referred to in sub-rule (3) of Rule 176, the Assistant Collector-in-charge of the Sub-Division shall scrutinise the decision taken by the Land Management Committee and if he is satisfied that the said decision is in consonance with the provisions of the Act and the Rules made thereunder, he shall record his approval on the list in Z.A. Form 57-B and return the papers to the Land Management Committee within a week of its receipt from the Chairman with the direction that the possession may be delivered to the lessees and the report of the mutation be submitted to the Supervisor Kanungo by the Lekhpal immediately after the delivery of possession. The Assistant Collector-in-charge of the Sub-Division can record his disapproval on the list in Z.A. Form 57-B and may return the papers to the Chairman if he finds that the whole or part of the decision taken by the L.M.C. is not in accordance with the provisions of the Act and the Rules. After the approval of the list in Z.A. Form 57-B is received from the Assistant Collector-in-charge of the Sub-Division, the Chairman of the L.M.C. shall call the person whose selection for allotment of land has been approved by the Assistant Collector-in-charge of the Sub-Division and shall furnish to him a certificate in Form 58 and shall get a counterpart in Z.A. Form 58-A executed by him. If the land sought to be allotted is a land referred to in Section 132, the person concerned shall be furnished with a certificate in Z.A. Form 59 and shall be asked to execute a counter part in Z.A. Form 59-D. This has been provided under Rule 176-A of the U.P.Z.A. & L.R. Rules. Where the decision of the Land Management Committee regarding admission to any land is not approved by the Assistant Collector-in-charge of the Sub-Division, the Land Management Committee will take steps afresh for settlement of such land in accordance with the procedure laid down in sub-rule (1) of Rule 176-A, read with Rules 173 to 176-A. 6. In the instant case, the learned Sub-Divisional Officer has disapproved the decision of the Land Management Committee holding that the list of eligible persons was not in accordance with the provisions contained in Section 198 of the U.P.Z.A. & L.R. Act. The learned counsel for the revisionists submits that the learned Sub-Divisional Officer did not apply his mind and did not pass a speaking order, that he has not specified the defects that he found in the list of eligible persons, that no list was required to be submitted to him and that if at all any list was required to be submitted, he should have obtained the list from the Land Management Committee. Under sub-rule (l) of Rule 176 of U.P.Z.A. & L.R. Rules, the Land Management Committee is required to prepare a list of persons selected for admission to any land in Z.A. Form 57-B. The learned Sub-Divisional Officer has not mentioned the specific list that he wanted to scrutinise. Under sub-rule (l) of Rule 176 of U.P.Z.A. & L.R. Rules, the Land Management Committee is required to prepare a list of persons selected for admission to any land in Z.A. Form 57-B. The learned Sub-Divisional Officer has not mentioned the specific list that he wanted to scrutinise. Under sub-rule (3) of Rule 176, the learned Assistant Collector-in-charge of the Sub-Division has to satisfy himself that the decision of the Land Management Committee was in accordance with the Act and the Rules made thereunder. The satisfaction of the Assistant Collector-in-charge of the Sub-Division is not a subjective satisfaction to the decision but it should be based on the scrutiny of the decision taken by the Land Management Committee in the light of the provisions contained in the relevant sections of the Act and the rules made thereunder. This act is to be performed judicially. The order of the Assistant Collector-in-charge of the Sub-Division must mention the grounds on which he disapproved the list and the scrutiny provided under sub-rule (4) of Rule 176 should be based on legal considerations. The provision regarding scrutiny is mandatory and not arbitrary. In the instant case, I am of the view that the learned Sub-Divisional Officer has not applied his mind which he should have done in view of the provisions contained in sub-rule (4) of Rule 176 of the U.P.Z.A. & L.R. Rules. 7. In view of the above, the reference is accepted, the order dated 3-11-82 of the learned S.D.O. is set aside and he is directed to scrutinise the decision taken by the Land Management Committee and if he is still satisfied that the decision of the Committee is not in accordance with the provisions of the Act and the rules framed thereunder, he shall record his disapproval on the list in Z.A. Form 57-B and return the papers to the Chairman, Land Management Committee.