Farid Ahmad and Others vs The Dy. Director of Consolidation and Others

C.S.P. Singh, J.—The Petitioners were granted a lease of certain area of land of plot No. 1221/2/2 by the Gaon Sabha. It appears that certain dispute arose about the validity of this patta but that was upheld by the Sub-Divisional Officer in case No. 1230. Thereafter in consolidation proceedings the Petitioners applied for the entry of the names as sirdar on the basis of this patta. The consolidation authorities have gone in to the merits of the procedure adopted for granting the patta, and held that as the area leased out was a tank no sirdari rights could accrue in favour of the Petitioner. For these reasons the application of the Petitioners has been rejected.

It is now settled by a Full Bench of this Court in Similesh Kumar Vs. Gaon Sabha Uskar Ghaziapur and Others, that a lease executed by the Gaon Sabha can be set aside only by the procedure set out in U.P. Zamindari Abolition and Land Reforms Act, and the consolidation authorities have no right to hold that the lease grained by Gaon Sabha is invalid. In view of this decision it was erroneous on the part of the consolidation authorities not to give effect to the lease granted by the Gaon Sabha. Shri K.B. Garg appearing on behalf of the Gaon Sabha urged that inasmuch as the lease related to a land included in a tank no sirdari right could accrue, in view of Section 132 of the U.P. Zamindari Abolition and Land Reforms Act. This contention is not borne out by that section. Sub-section (a) of Section 132 of U.P. Zamiadari Abolition and Land Reforms Act is relevant and reads as under:

Notwithstanding anything contained in Section 131, but without prejudice to the. provisions of Section 19, sirdari 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 river and used for casual or occasional cultivations.

A bare perusal of this provision shows that sirdari rights will not accrue only in such land which is covered by water and also which is used for growing singharas and other produce. Thus, the fact that the lease was granted in respect of a tank will not defeat the rights of the Petitioners granted under the lease. There is no finding recorded by the consolidation authorities that the tank was used for the purposes of growing singharas or other produce. This being so, the impugned orders passed by the consolidation authorities cannot be sustained and as such, are set aside. The petition is accordingly, allowed. The Respondents are directed to enter the names of the Petitioners as sirdar of the land mentioned in their leases. No order as to costs.