MANOREY @ MANOHAR versus BOARD OF REVENUE (U.P.) AND ORS.

MANOREY @ MANOHAR versus BOARD OF REVENUE (U.P.) AND ORS.

An eligible agricultural labourer belonging to a Scheduled Caste who fulfills the conditions of Section 122B(4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 is statutorily deemed to be admitted as Bhumidhar with non-transferable rights; therefore, such a person is entitled to have the revenue records corrected, and is not required to undergo a separate allotment process under Section 195. The orders of the Board of Revenue and High Court, which denied such relief, are unsustainable.

Parties
Appellant: Manorey @ Manohar; Respondents: Board of Revenue (U.P.) and Ors.
Jurisdiction
India
Judgment Date
02 April 2003
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Writ Petition Under Article 226
Outcome
Appeal allowed.
Legal Topics
U.p. Zamindari Abolition and Land Reforms Act, 1950, Scheduled Castes and Scheduled Tribes, Bhumidhar Rights, Correction of Revenue Records, Deeming Provisions, Socio Economic Justice
Land Reforms Constitutional Law U.p. Zamindari Abolition and Land Reforms Act, 1950 Scheduled Castes and Scheduled Tribes Bhumidhar Rights Correction of Revenue Records Deeming Provisions Socio Economic Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Manorey @ Manohar

Appellant

Board of Revenue (U.P.) and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Writ Petition Under Article 226

Legal Issues

  1. 1 Whether an agricultural labourer belonging to a Scheduled Caste in occupation of Gaon Sabha land is entitled to be recognized as Bhumidhar with non-transferable rights under Section 122B(4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and whether he can seek amendment of revenue records without a formal allotment under Section 195.

Ratio Decidendi

An eligible agricultural labourer belonging to a Scheduled Caste who fulfills the conditions of Section 122B(4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 is statutorily deemed to be admitted as Bhumidhar with non-transferable rights; therefore, such a person is entitled to have the revenue records corrected, and is not required to undergo a separate allotment process under Section 195. The orders of the Board of Revenue and High Court, which denied such relief, are unsustainable.

Court Disposition

Appeal allowed.

Orders

  • Orders of the Board of Revenue and High Court are set aside.
  • Order of the Sub-Divisional Officer is restored.