The court emphasizes the protection and statutory rights under Section 122-B (4-F) of the U.P. Zamindari Abolition and Land Reforms Act.
In a significant judgment, the Allahabad High Court, Lucknow Bench, presided over by Justice Irshad Ali, quashed a revisional order passed by the Additional Commissioner, Lucknow Division, which had interfered with the rights of a Scheduled Caste agricultural laborer under the U.P. Zamindari Abolition and Land Reforms Act, 1950. The case involved petitioner Sahab Das, a landless agricultural laborer, who was previously granted Bhumidhar status with non-transferable rights by virtue of Section 122-B (4-F) of the Act.
The court was tasked with determining the validity of the revisional authority's interference with an order dated 25.09.2003, passed by the Pargana Adhikari, Hasanganj, which had recalled an earlier ex-parte order dated 18.07.1998. The ex-parte order had set aside the initial grant of rights to the petitioner without proper notice or opportunity for hearing, thus violating principles of natural justice.
Justice Ali, citing precedents from the Supreme Court and earlier rulings of the Allahabad High Court, reiterated that Section 122-B (4-F) not only protects the possession of eligible Scheduled Caste or Scheduled Tribe agricultural laborers but also confers upon them the status of Bhumidhar with non-transferable rights. The court emphasized that such rights are conferred through a statutory deeming provision, which cannot be curtailed by revisional jurisdiction, as no such provision exists for orders under Section 122-B (4-F).
The court found that the revisional authority acted beyond its jurisdiction in setting aside the Pargana Adhikari’s order that merely sought to uphold natural justice by recalling an ex-parte order. The judgment also highlighted that the revisional authority’s assumption that the ex-parte order was passed on merits was erroneous, leading to a jurisdictional error.
In conclusion, the court restored the order dated 25.09.2003, allowing the matter to be decided afresh by the concerned authority, ensuring all parties are given a fair hearing. This judgment reaffirms the court's commitment to protecting the rights of marginalized communities under agrarian reform laws.
Bottom Line:
Section 122-B (4-F) of U.P. Zamindari Abolition and Land Reforms Act provides protection and statutory deeming rights as Bhumidhar with non-transferable rights to eligible agricultural labourers belonging to Scheduled Castes or Scheduled Tribes. A revisional authority cannot interfere with orders passed under this section as such orders are not revisable under the statute.
Statutory provision(s): U.P. Zamindari Abolition and Land Reforms Act, 1950, Section 122-B (4-F)
