SDM has no right to declare a person as owner of land: Allahabad HC
Prayagraj, The Allahabad High Court has ruled that the sub-divisional magistrate has no right to declare a person as the owner of a land.
Such an aspect needs adjudication by the sub-divisional officer in the appropriate suit proceedings under Section 144 of the Code, 2006, where the state as well as the gram panchayat shall be necessary parties, the court added.
The above observation was made by Justice Kshitij Shailendra while deciding a writ petition filed by one Jayraj Singh, who moved the court with a prayer seeking court direction to issue a writ of mandamus commanding the respondents to grant absolute bhumidhari rights in favour of the petitioner in view of his long occupancy on the land.
The counsel for the petitioner submitted that on account of certain previous proceedings in relation to the lease granted in favour of the petitioner and with the passage of time, the petitioner acquired the status of bhumidhar with transferable rights.
After going through the provisions of UP Zamindari Abolition and Land Reforms Act as well as UP Revenue Code, the court said an SDO or any other officer has not been held to be empowered on administrative side to grant such a declaration in favour of concerned tenure holder under the aforesaid provisions.
"In view of scheme of the Code, 2006, notwithstanding that the petitioner might have acquired status as that of Bhumidhar with transferable rights, such an aspect needs adjudication by the Sub-Divisional Officer in appropriate suit proceedings under Section 144 of the Code, 2006, where the State as well as Gram Panchayat shall be necessary parties and would have their say in the proceedings, and not an administrative side on a bare application," the court added.
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