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1986 DIGILAW 45 (ALL)

Tej Singh v. Gaon Sabha Sahroi

1986-01-16

P.SINGH

body1986
JUDGMENT P. Singh, Member - This revision has been filed under Section 333 of U.P. Act I of 1951 against the order of the Additional Commissioner, Agra, dated March 14, 1984. 2. Briefly, the facts of the case are that on the report of Lekhpal the instant proceedings under Section 122-B of U.P. Act I of 1951 were instituted against Tej Singh for trespassing over plots No. 191 and 185. The Tahsildar passed an order of eviction from plot No. 185 and imposed an amount of Rs. 812/- as damages. This court remanded the case to the trial court on December 5, 1979 while deciding a reference by the learned Additional Commissioner dated May 30, 1978. The learned Tahsildar again decided the case on February 25, 1983 evicting the revisionist from plot No. 185 and imposing Rs. 812/- as damages. 3. I have heard the learned counsels for the parties and perused the record. 4. The learned counsel for the revisionist submits that the revisionist belongs to Schedule Caste and the land was in his possession since before June 30, 1975 but the learned Additional Commissioner did not consider this aspect of the matter. 5. I find that plot No. 185, area 0-16-0 is recorded as a grave yard in the revenue records and is a land of public utility. The land reserved for grave yard could not have been allotted to the revisionist. 6. Section 122-B(4-F) of U.P. Act I of 1951 reads as under:- "122-B(4-F). 5. I find that plot No. 185, area 0-16-0 is recorded as a grave yard in the revenue records and is a land of public utility. The land reserved for grave yard could not have been allotted to the revisionist. 6. Section 122-B(4-F) of U.P. Act I of 1951 reads as under:- "122-B(4-F). Notwithstanding anything contained in the foregoing sub-sections, where any agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gaon Sabha under Section 117 (not being land mentioned in Section 132) having occupied it from before June 30, 1975 and the land so occupied together with the land, if any, held by him from before the said date as Bhumidhar, Sirdar or Asami does not exceed 1.26 hectares (3.125 acres), then no action under this section shall be taken by the Land Management Committee or the Collector Against such labourer, and it shall be deemed that he has been admitted as Sirdar of that land under Section 195." From this it is evident that land, which is mentioned in Section: 132 of Act I of 1951, in occupation of any agricultural labourer belonging to Schedule Caste or Scheduled Tribe, will not be deemed to have been settled with him as the Land Management Committee has no right to admit any person to such land under Section 195 of the Act. "195. Admission to land - The Land Management Committee with the previous approval of the Assistant Collector in charge of the sub-division shall have the right to admit any person as Bhumidhar with non-transferable rights to any land (other than 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 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 this Act." 7. The lands in which Bhumidhari rights shall not accrue have been enumerated in Section 132 of Act I of 1951. From the statement of Lekhpal, it is evident that consolidation operations took place in the village. The lands in which Bhumidhari rights shall not accrue have been enumerated in Section 132 of Act I of 1951. From the statement of Lekhpal, it is evident that consolidation operations took place in the village. From C.H. Form 45 it is evident that plot No. 185 is a 'Kabristan" which falls under sub-clause (vi) of Section 132 of the Act and, hence, no Bhumidhari rights could accrue to the revisionist in respect of this land. In view of this, I find that the orders passed by both the lower courts do not suffer from any illegalities. Consequently, the eviction of the revisionist from plot No. 185 is upheld and the revision is hereby dismissed. The revisionist shall be evicted immediately from plot No. 185.