Full Judgment Text
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PETITIONER:
RANDHIR SINGH & ORS.
Vs.
RESPONDENT:
DEPUTY DIRECTOR OF CONSOLIDATION & ORS.
DATE OF JUDGMENT: 01/04/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
These appeals by special leave arise from the judgment
of the Division Bench of the High Court of Allahabad, made
on 30.10.1977 in special Appeal Nos. 1047 & 1048 of 1970.
It is not necessary to dilate upon the three-tier
history of the litigation. Suffice it to state that pursuant
to the remand order made by the High court in the last
instance, the Deputy Director has gone into the question
whether the settlement officer under the consolidation Act
has jurisdiction to decide the dispute. Section 3(5) of the
U.P. consolidation of Holdings Act defines "land" to mean
the land held or occupied for the purpose connected with
agriculture, horticulture and poultry form and also the
site, being part of a holding, of a house of other similar
structures.
In view of the above definition under section 3(5) of
the consolidation Act, the buildings occupying the land and
used for commercial purpose are not covered by the Act.
Therefore, the High Court had left the dispute open for a
decision by the appropriate Court.
It is an admitted position that the appellants and the
respondents are holding heats in those areas. Under the U.P.
Land Reforms Act, 1950 the question whether such lands vest
in the state on abolition of the estates etc. is also a
matter left open since the state is not a party to these
proceedings. It may be open to the appellants to have their
rights adjudicated as ordered by the High Court in an
appropriate proceeding according to law.
The appeals are accordingly dismissed. No. costs.