Jayraj Singh Vs State Of U.P. And 3 Others (Allahabad High Court)
Allahabad High Court has clarified that claiming Bhumidhari rights, including the transition from non-transferable to transferable status, requires filing a formal declaratory suit before the competent authority rather than seeking an administrative order. The ruling came in the case of Jayraj Singh Vs State Of U.P. And 3 Others, where the petitioner sought a directive for the Sub-Divisional Officer to grant him absolute Bhumidhari rights over land vested in the Gaon Sabha or belonging to the State Government.
The petitioner, represented by counsel, contended that through previous proceedings related to a lease and the passage of time, he had acquired the status of a Bhumidhar with transferable rights. Reference was made to Sections 131A and 131B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (referred to as ‘Act, 1950’), along with Section 76 of the U.P. Revenue Code, 2006 (referred to as ‘Code, 2006’). The petitioner argued that under Section 76(2) of the Code, a person who held Bhumidhar with non-transferable rights for five years or more before the commencement of the Code acquires transferable rights. Consequently, the petitioner sought a direction for the Sub-Divisional Officer to confer these rights or consider representations made to that effect.
