U.P. Bhoodan Yagna Act, 1952: Sections 14 and 15-Grant of
land to landless persons-To be made in accordance-with the Bhoodan
Yagna Scheme and the philosophy behind the Bhoodan Movement.
The Respondents, in 1968, obtained grant from Bhoodan Yagna
Samiti under section 14 of the U.P. Bhoodan Yagna Act, of various
plots of land situated in a village in Kanpur. On the basis of a report
submitted by the Tehsildar concerned in 1972, the Additional Collector
issued notices to the respondents under the Act, requiring them to show
cause as to why the settlement obtained by them should not be cancelled
on the grounds, that they-did not reside in the village where the plots
are situated, that they did not fall under the category of landless
persons and that the grants had not been approved by the Government.
After considering the objections filed by the respondents, the
Additional Collector quashed all the grants made in favour of the
respondents.
Against the order of the Additional Collector, the respondents
filed writ petitions in the High Court. The High Court held that the
respondents were covered by the definition 'landless persons' as they
had no land in that village and the district, though they may be traders
and paying income-tax and may have properties in the city of Kanpur, and quashed the order passed by the Additional Collector and maintained the grants in favour of the respondents. These appeals are
against the said order of the High Court.
On behalf of the appellant, it was contended that the expression
'landless person' has to be interpreted in the background of the law and
the philosophy behind the movement which was the basis of the enactment of the law.
Allowing these appeals