Order granting land title found illegal, implementation disallowed, petition dismissed: Allahabad High Court

Allahabad High Court: In this petition, petitioner wanted to bring on record certain orders passed in proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, before a Single Judge Bench comprising of Anjani Kumar Mishra, J., filed against petitioner with regard to his unauthorized occupation of a plot.

The facts of the case were that petitioner had filed an application under Rule 109-A for implementation of order passed in favour of petitioner where in a  revision arising out of an objection under Section 20 of the U.P. Consolidation of Holdings Act the subject plot was declared chak out on the ground that it was petitioner’s original holding and valuable road side land. Direction for the issuance of a parwana amaldaramad was passed by the Consolidation Officer, which later was set aside by Deputy Director of Consolidation.

It was contended that the petitioner could not have occupied the plot in question due to the proceeding under Section 122-B drawn against him regarding the plot. Court was of the view that the petitioner is a Muslim by caste for which sub-section 4-f of Section 122-B could not be applied to him.

The High Court found that the order which petitioner was willing to implement was illegal thus, no case in favour of petitioner was made out, therefore, this writ petition was dismissed. [Maqbool Hasan v. Deputy Director of Consolidation,2018 SCC OnLine All 2298, order dated 26-10-2018]

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