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Judgment
Sudhanshu Dhulia, J
The petitioners before this Court have challenged the order dated 31.12.2009 passed by the Additional Sub-Divisional Magistrate, Roorkee, District Haridwar, by which the "pattas" which have been granted to the petitioners have been cancelled.
Brief facts of the case are that initially "pattas" were granted to the petitioners by the Land Management Committee on 24.01.1976. Subsequently by the impugned order dated 31.12.2009, the "pattas" which have been granted to the petitioners have been cancelled and the land now has to vest with the Land Management Committee. However, the petitioners by an interim order of this Court dated 05.12.2011 are still in possession of the land.
One fact which has come up before this Court though by means of a supplementary affidavit filed by the petitioners is that the petitioners actually belong to Scheduled Caste community and by virtue of being members of Scheduled Caste community, they claim benefit of sub-section (4-F) of Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act, 1950. Sub-Section (4-F) of Section 122-B of the Act reads as under:-
"122-B. Powers of the Land Management Committee and the Collector. -
(1)......
(2)......
(3)......
(4)......
(4-A)....
(4-B).....
(4-C).....
(4-D).....
(4-E).....
(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 132) having occupied it from before [June 3, 1995] 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 bhumidhar with non-transferable rights of that land under Section 195."
Though there is no specific denial to this averment that most of the petitioners belong to Scheduled Caste community, but it has been stated by the State in its supplementary counter affidavit that some of the petitioners also belong to Other Backward Classes community.
In case the petitioners belong to Scheduled Caste community, the matter has to be considered in the light of sub-section (4-F) of Section 122-B of the Act. Therefore, the matter is remanded back to the concerned Sub-Divisional Magistrate to consider the matter in the light of Section 122-B of the Act.
In view of the above, the writ petition stands disposed of.
However, it is made clear that till a decision is taken in the matter by the concerned Sub-Divisional Magistrate, status quo shall be maintained.