U.p. zamindari abolition. consolidation/ chakbandi
Querist :
Anonymous
(Querist) 09 April 2019
This query is : Resolved
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 in this case. Judgment came out in 1963. DJ upheld the civil judge’s verdict on 1966. 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
Raj Kumar Makkad
(Expert) 07 January 2020
As your rights have already been recognized by civil court and even State didn't prefer any appeal against that order so it has attained finality and your established rights cannot be got disbursed.
You need to obtain setting aside fresh order of consolidation qua your lands by filing a civil suit and even a contempt of court proceeding can also be initiated against the concerned officials.
Querist :
Anonymous
(Querist) 09 January 2020
Thank you so much sir for the reply. Now my big concern is about limitation. Sixty years have passed since this mischief was done by state.
