JUDGMENT P. Singh, Member - This second appeal has been filed by the State of U.P. against the judgment and decree dated 15-10-1985 passed by Sri S.P. Singh Solanki, Additional Commissioner, Agra Division, Agra in Appeal no. 155 of 1984-85. 2. The facts of the case, in brief, are that Bissa and others filed a suit under Section 229-B of U.P. Act I of 1951, alleging that they were landless agricultural labourers and belonged to Jatava caste, and they were in possession over the land in dispute prior to 30th June, 1975. An objection was filed by Pradhan on 29-9-83 that tins land was given on one year's lease to Bissa and others. The trial court framed issues and decided issue no. 5 as a preliminary issue. An appeal was preferred before the learned Additional Commissioner who found that Bissa and others were in possession of the land in suit on 30-6-75 and hence they were entitled to this land. 3. I have heard the learned counsels for the parties, and have perused the record. 4. The learned D.G.C. (R) submits that the suit was barred by Section 49 of the U.P.C.H. Act, that earlier an application under Section 122-B (4 F) was rejected, that provisions of Section 122-B (4-F )were not applicable to the facts of the instant case, and that the trial court had decided only issue no. 5 and rest of the issues were still to be decided. 5. The learned counsel for the respondents submits that the respondents should be held as sirdars of the land in dispute. 6. I find that the trial court has decided only issue no. 5. The land in dispute is recorded as pasture land in the revenue records, which comes under the classes of land covered by the provisions of Section 132 of U.P. Act I of 1951. Section 132 reads as under:- "132. 6. I find that the trial court has decided only issue no. 5. The land in dispute is recorded as pasture land in the revenue records, which comes under the classes of land covered by the provisions of Section 132 of U.P. Act I of 1951. Section 132 reads as under:- "132. Notwithstanding anything contained in Section 131, but without prejudice to the provisions of Section 119, bhumidhari rights shall not accrue in - (a) pasture land or lands covered by water and used for the purpose of growing singhara or other produce or land in the bed of a river and used for casual or occasional cultivation ; (b) such tracts of shifting or unstable cultivation as the State Government may specify by notification in the Gazette ; and (c) lands declared by the State Government by notification in the official Gazette, to be intended or set apart for taunoya plantation or grove lands of a Gaon Sabha or a local authority or land acquired or held for a public purpose and in particular and without prejudice to the generality of this clause - (i) lands set apart for military encamping grounds, (ii) lands included within railway or canal boundaries, (iii) lands situate within the limits of any contonment, (iv) lands included in sullage farms or trenching grounds belonging as such to a local authority, (v) lands acquired by a town improvement trust in accordance with a scheme sanctioned under Section 42 of the U.P. Town Improvement Act, 1919 (U.P. Act VII of 1919), or by a municipality for a purpose mentioned in clause (a), or clause (c) of Section 8 of the U.P. Municipalities Act, 1916 (U.P. Act, VII of 1916), and (vi) lands set apart for public purposes under the U.P. Consolidation of Holdings Act, 1953 (U.P. Act V of 1954). Section 195 of U.P. Act I of 1951 contains provisions regarding admission of any person as bhumidhari with non-transferable rights to any land other than land falling in any of the classes mentioned in Section 132. Under sub-clause (vi), clause (c) of Section 132, bhumidhari rights shall not accrue in lands set apart for public purposes under the U.P. Consolidation of Holdings Act, 1953 (U.P. Act V 1954). 7. Section 122-B (4-F) of U.P. Act I of 1951 reads as under :- "122-B (4-F). Under sub-clause (vi), clause (c) of Section 132, bhumidhari rights shall not accrue in lands set apart for public purposes under the U.P. Consolidation of Holdings Act, 1953 (U.P. Act V 1954). 7. Section 122-B (4-F) of U.P. Act I of 1951 reads as under :- "122-B (4-F). Notwithstanding anything 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 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." 8. From this it is evident that in respect of land coming under any of the classes mentioned in Section 132, no bhumidhari rights could be given to an agricultural labourer belonging to Schedule Caste having possession over such land prior to June 30, 1975, or, on the date which has been extended to 30th June, 1985. At the most, the plaintiff-respondents, Bissa and others, will continue to be asamis of the Gaon Sabha land. As they are landless agricultural labourers and belong to Scheduled Caste, they shall not be evicted from this land, otherwise than in accordance with the provisions of law. 9. With these observations, this second appeal is allowed, and the order passed by the learned Additional Commissioner is set aside.