Sahaj Ram vs State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Revenue Lko. & Ors.

Heard learned counsel appearing on behalf of the parties.

This Writ Petition has been filed by the petitioner, inter alia praying therein for the following relief(s):-

On being asked as to what is the procedure prescribed, in the event, a 'patta' holder who is entered in the revenue records as 'Bhumidhar' with non-transferable rights perfects his rights as 'bhumidhar' with transferable rights under Section 131-B of the U.P. Z.A. & L.R. Act, 1950 or corresponding provision of the U.P. Revenue Code, 2006, we were informed that the practice is that an application is submitted before the Sub-Divisional Magistrate, whereupon he conducts an inquiry including scrutiny of the records and then takes such decision as is appropriate in the facts of each case keeping in mind the relevant provisions of law.

Under erstwhile Sub-Section 1 of Section 131-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 [hereinafter referred to as 'the Act, 1950'] every person who was a 'bhumidhar' with non-transferable rights immediately before the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 1995 and had been such 'bhumidhar' for a period of ten years or more, shall become a 'bhumidhar' with transferable rights on such commencement. Further, as per Sub-Section 2 of Section 131-B of the Act, 1950, every person who is a 'bhumidhar' with non-transferable rights on the commencement referred to in sub-section (1) or becomes a 'bhumidhar' with non-transferable rights after such commencement, shall become 'bhumidhar' with transferable rights on the expiry of period of ten years from his becoming a 'bhumidhar' with non-transferable rights.

A lease holder under the Act, 1950 used to be entered in the revenue records as a 'bhumidhar' with non-transferable rights and therefore, with lapse of time, he could acquire the transferable rights as 'bhumidhar' under Section 131-B of the Act, 1950. We may in this regard refer to Section 131 under which the allottees of land under Section 195 or who may have acquired the rights of 'bhumidhar' in any other manner under or, or in accordance with the Act, 1950, as also, those who have been allotted this land under the U.P. Bhoodan Yagna Act, 1952 and those who have been allotted surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960, were covered. Similar provisions have been included in Section 76 of the U.P. Revenue Code, 2006.

The right aforesaid gets perfected by statute and therefore, all that is required to be done by the concerned Revenue Officer, who has the right to correct the record is to scrutinize the records as to whether any such 'patta', as is being claimed herein, was allotted validly and the person has been in possession, as also, whether he has already been recorded as 'bhumidhar' with non-transferable rights in the revenue records, and whether the period prescribed under Section 131-B of the Act, 1950 and Section 76 of the U.P. Revenue Code, 2006 is satisfied or not, if these prerequisites are satisfied, then all that he has to do is to simply correct the records, unless there is any dispute in this regard such as any other claimant who may be claiming similar rights or interest.

To facilitate the aforesaid statutory prescription, a Government Order dated 15.03.1995 was issued to all Divisional Commissioners and District Magistrates in the State of U.P. by the Revenue Department of the Government. Paragraph No. 3 of the said G.O. reads as under:-

To facilitate the aforesaid exercise, a Form was also circulated with reference to the relevant Government Orders. Its format is as under:-

A reading of the headings and sub-headings contained in the aforesaid Form which has as many as 12 columns gives an idea as to how the aforesaid exercise is to be conducted and implemented in terms of the statutory provision contained in Section 131-B of the Act, 1950.

These have to be proceedings of a purely summary nature considering the object sought to be achieved, as no declaration of rights independently is required, rather, the rights as accrued by prescription of law i.e. under the statute concerned, alone is to be seen. Of course, if there is serious dispute of right or interest in the land in question between more than one person, then of course, the situation may be different and a declaration may be required.

Let the Sub-Divisional Magistrate concerned consider the application of the petitioner in this regard, a copy of which is annexed as Annexure No. 4 to the writ petition, if there is no legal impediment in this regard. If there are any other claimants to the land, then this aspect shall also be seen.

This Writ Petition is disposed of in the aforesaid terms.