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Q. U.P. Zamindari Abolition. Chakbandi/ Consolidation

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Anonymous

posted 5 months ago

Q.U.P. Zamindari Abolition. Chakbandi/ Consolidation
Greetings
In a town of Bulandshahr, after the U.P. Zamindari Abolition came into force the State of U.P. started realizing rents from all the tenants/occupants of every khasra, agriculture of otherwise, on a false claim that after Z.A. act all lands have vested in the state (except two plots where there was actual Abadi).

There was a controversy regarding the boundaries of town area, thus the applicability of U.P. Zamindari Abolition Act. In 1962 while the matter regarding the boundaries of town area was pending in a civil court, the state of U.P. carried out consolidation of the entire town, including the admitted abadi plots. As a result, not only all khasra (plot) numbers were changed but also their size. U.P. state was defendant and we were as plaintiff. Judgment came out in 1963. DJ upheld the civil judge’s verdict. No further appeal. No U.P. Urban Areas Zamindari Abolition Act ever came into force in this town. Court admitted the list of all our tenants on agriculture or non-agriculture lands.

As I know, consolidation Act would apply only to the areas to which the provisions of the Zamindari Act would apply. We have tenants in agriculture lands through lease/patta given before and after Z.A. act. The lands where we have these tenants are according to court’s verdict are inside town area (urban) limits, but according to government they are outside. Sometime after consolidation in 1962 government issued Bhumidhari sanads to the occupants these lands. They got their names mutated in revenue records.

Now once again consolidation proceedings have been initiated and they are presently in progress. Do we have any rights left in these lands, which were confirmed by the court in 1963 and again in 1966? If yes, how do we proceed?

regards

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Viswanath M K

Experience: 5 Year(s)

Responded 5 months ago

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A. ) Now, there are two aspects- 1. whether the Zamindari abolition act applies to your case, and 2. whether the consolidation is justified? You have a case, you will have to move a writ petition in the High Court or the Supreme Court, and obtain a stay on consolidation.

As regards the tenants, as per the Indian Evidence Act, the tenants are estoped from questioning the title of the landlords. A stay in the operation of the Patta may also be sought

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Sir,
The description given by your is to lengthy please make it short and re-submit as experts have no time to spare as it is free and charity work.

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