File Name: up zamindari abolition and land reforms act 1950 bare act .zip
- U.P. Zamindari Abolition and Land Reforms Act, 1950
- ANDHRA PRADESH LAND REFORMS (CEILING ON AGRICULTURAL HOLDINGS) ACT, 1973
Origin of Writ In common law, Writ is a formal written order issued by a body with administrati
U.P. Zamindari Abolition and Land Reforms Act, 1950
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Open iDraf. Back to Results. Writ Petition No. Ran Vijai Singh, J. This writ petition has been filed for issuing a writ of certiorari quashing the orders dated Reshma v. Collector, Maharajganj and order dated 9.
Vide order dated 9. Aggrieved by this order, the petitioner has filed revision before the Commissioner, Gorakhpur Division Gorakhpur, which too has been dismissed. In this case, allotment was made in the year to be more specific on Learned Standing Counsel as well as counsel appearing for the Gaon Sabha state that they do not propose to file any counter-affidavit and the writ petition may be decided on its own merit on the existing facts.
For appreciating the controversy in hand, it would be appropriate to go through the following provisions of the Act. Section of U. Sub-Section 4 of Section provides that the Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any.
It is not in dispute that the benefit of Section B 4-F of the Act was extended to the petitioner vide order dated It is also not in dispute that the proceeding was initiated by the Collector on the report of the Sub-Divisional Officer, Nautanwan dated 4. Sub-Section 6 of Section of the Act provides the period of limitation, according to which the proceeding under Sub-Section 4 of Section of the Act can be initiated within a period of five years from the date of allotment provided the allotment is of after In the submission of learned counsel for the petitioner, since allotment of land in dispute was made in the year and the proceeding was initiated in the year , therefore the proceeding is grossly barred by time and the order impugned has been passed without jurisdiction.
In support of his submissions, reliance has been placed upon the judgments of this Court in Suresh Giri and Others Vs. State of U. In the aforesaid judgments, it is held that the limitation for initiating the proceeding for cancellation of lease is equal to the State as well as the private individual.
However, in case, if there is strong element of fraud, in that eventuality, suo motu proceeding can be initiated even after the expiry of the period of limitation. In the submission of learned counsel for the petitioner, from the perusal of the impugned order, it do not transpire that any fraud has been played by the petitioner in the process of allotment.
The next submission of learned counsel for the petitioner is that the order impugned has been passed in gross violation of Sub-Section 5 of Section of the Act, according to which, no order, under Sub-Section 4 of Section of the Act, can be passed unless a show-cause notice is given to the petitioner.
The Collector, in his order, has mentioned that the notice was served to the petitioner and she, after reading the same, has refused to accept the same. The exact wordings of the report with regard to service of notice which has been made basis for passing the impugned order by the Collector is reproduced hereinunder: Taking note of this, the Collector, placing reliance upon the report of the Sub-Divisional Officer according to which the land is reserved for school building and benefit of Section B 4-F of the Act could not be extended to the petitioner, cancelled the allotment.
Aggrieved petitioner has filed revision before the Commissioner taking specific ground that the proceeding is grossly barred by time and further no notice was ever served before passing the impugned order but the revisional Court has failed to consider this aspect of the matter and dismissed the revision. It may be noticed that the petitioner herself has approached this Court and made her thumb impression on the petition and sworn her affidavit meaning thereby, she is an illiterate lady, and how could she read the contents of notice as has been observed by the Collector in his order.
All these glaring facts are apparent on the face of the record, which have neither been noticed by the Collector nor by the learned Commissioner. Taking note of above facts, I am of the opinion that both the Courts below have erred in passing the impugned orders without considering the relevant aspects of the matter.
The writ petition succeeds and is allowed. The impugned orders dated Moti Lal and others are hereby quashed. The matter is remitted back before the Collector for passing a fresh order after due notice to the petitioner in view of the observation made in this judgment in accordance with law after hearing all concerned. Advocates List. For Petitioner : A. Tewari, S. For Respondent S.
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ANDHRA PRADESH LAND REFORMS (CEILING ON AGRICULTURAL HOLDINGS) ACT, 1973
Land Reforms Legislations - Land Legislations. In the erstwhile princely States, a motley of Land tenures prevailed, which , In some cases, were really retrogressive and proved a drag on agricultural production. Hence, the foremost problem after the formation of the State was to evolve and codify a uniform system of Land tenure and tenancy, so as to ensure a rapid economic growth with social justice. In most of the former princely States, the Rulers were recorded as superior owners Ala Malik , and the actual Land owners were recorded as the inferior owners Adna Malik. Hence the first step the State Government took in the direction of land reforms was to do away with this feudatory system of superior ownership. Act,
Now we look into land reform measures after the independence. Ya but why learn so many definition? Upper caste domination decreased. Economic development on one hand: land reform increase production on the other hand, land reforms will also provide social justice. This direct relation will help in rural Development and agri. Development as per five year plans.
It delves into the system of land revenue and tenure set by the act at the village level. Further, it discusses the difference between rehabilitation grant and compensation under the Act. The zamindari system was introduced in India under British rule. Lord Canning, the first Viceroy of India, was the first one who came up with the system of landlords. The Britishers established the zamindari system for expediency and administrative convenience. The zamindars were, in fact, a convenient stick in the mud of a social base for establishing British rule over the working class.
THE illusory tranquility in Sonebhadra, a far flung district in eastern Uttar Pradesh was shattered by a massacre on 17 July this year in which 11 tribals lost their lives while trying to protect the land they had been tilling for decades, from passing into the hands of land mafia. The fault lines of rural India were exposed and the question of land and livelihood, so craftily camouflaged by the BJP under the garb of nationalism and communalism, seemed momentarily to come to the centre stage of state politics. The tribals of Umbha gram Panchayat had been tilling the land since the s and earlier used to pay a rent to the erstwhile king.
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