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2025 DIGILAW 586 (ALL)

Jodharam v. D. D. C. , District Hardoi

2025-04-04

SAURABH LAVANIA

body2025
JUDGMENT : Saurabh Lavania, J. 1. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel for the State and perused the record. 2. In view of order proposed to be passed, issuance of notice to the private-respondent(s), if any, is hereby dispensed with. 3. The instant petition has been preferred seeking following main relief:- "(i) ISSUE a writ order or direction in the nature of Certiorari to quash the impugned order dated orders dated 17.10.2024, passed by O.P. No. 1 in Revision No.83/2024, case no.0052/2018 (Kallu versus Jodharam and others) under Section 40(1) of the U.P. Consolidation Act, 1953, concerning Gata No. 814, Miljumla/area 0.2202 hectare; Gata No. 1135/2, area 0.1592 hectare; Gata No. 1135/3, area 0.0075 hectare; and Gata No. 1131/2, Miljumla/area 0.1548 hectare. The disputed land is situated at Village Musnakheda, Majra Kasimpur, Tehsil Sandila, District Hardoi. Annexed in annexure No.1 of this writ petition." 4. The impugned order dated 17.10.2024 is extracted herein below :- 5. From the impugned order, quoted above, it is apparent that in the present writ petition the issue relates to Section 132 of the U.P. Z.A. & L.R. Act, 1950 (in short "Act, 1950") as the land in relation to which the petitioner is claiming rights is the land covered under Section 132 of the Act, 1950, which is Gata No. 814M/0.2202 Hectare, Gata No.1135/2/0.1592 Hectare, Gata No.1135/3/0.0075 Hectatre and this fact has not been refuted. 6. Section 132 of the Act, 1950 is quoted herein below :- "132. Land in which [bhumidhari] rights shall not accrue. 6. Section 132 of the Act, 1950 is quoted herein below :- "132. Land in which [bhumidhari] rights shall not accrue. Notwithstanding anything contained in Section 131, but without prejudice to the provisions of Section 19, [bhumidhari] rights shall not accrue in - (a) pasture lands 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 taungya 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 cantonment; (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 V11 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).]" 7. Sub Section 2 of Section 3 of the U.P. Consolidation of Holdings Act, 1953 (in short "Act, 1953"), being also relevant, is extracted herein under :- "3.Definitions.- In this Act unless there is anything repugnant in the subject or context - (1) X X X (2) "Consolidation" means re-arrangement of holdings in a unit amongst several tenure-holders in such a way as to make their respective holdings more compact]; Explanation. - For the purpose of this clause, holding shall not include the following: (i) Land which was grove in agricultural year immediately preceding the year in which the notification under Section 4 was issued; (ii) land subject to fluvial action and intensive soil erosion; (iii) land mentioned in Section 132 of the U.P. Zamindari Abolition and Land Reforms Act, 1950; (iv) such compact areas as are normally subject to prolonged water-logging; (v) usar, kallar and rihala plots forming a compact area including cultivated land within such area" 8. Section 29-C of the U.P. Consolidation of Holdings Act, 1953 (in short "Act, 1953") is also relevant and the same is also extracted herein under :- " 29-C. Vesting of land contributed for public purposes. - (1) The land contributed for public purposes under this Act shall, with effect from the date on which the tenure-holders became entitled to enter into possession of the chaks allotted to them under the provisions of this Act as amended from time to time, vest and be always deemed to have vested in the Gaon Sabha [in an area in which Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 applies and in the State Government in any other area] and shall be utilised for the purpose for which it was earmarked in the final Consolidation Scheme, or in case of failure of that purpose, for such other purposes as may be prescribed. (2) The provisions of Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No.1 of 1951), shall mutatis mutandis apply to such land] [ vested in the Gaon Sabha] as if the land had vested in the Gaon Sabha by virtue of a declaration made by the State Government under sub-section (1) of that section, and as if the declaration were made subject to the conditions respecting utilisation specified in sub-section (1) of this Section] (3) [* * *]" 9. Upon due consideration of the aforesaid statutory provision, this Court finds that no right could be provided to the petitioner over the land recorded as "Usar", which was provided to the petitioner for the purposes of plantation. Accordingly, this Court finds no illegality or infirmity in the order dated 17.10.2024, passed by O.P. No. 1 in Revision No.83/2024, case no.0052/2018 (Kallu versus Jodharam and others). The writ petition is hereby dismissed. 10. Accordingly, this Court finds no illegality or infirmity in the order dated 17.10.2024, passed by O.P. No. 1 in Revision No.83/2024, case no.0052/2018 (Kallu versus Jodharam and others). The writ petition is hereby dismissed. 10. Cost made easy.