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U.P. BHOODAN YAGNA SAMITI, U.P. vs. BRAJ KISHORE & ORS.

SCR Citation: [1988] Supp. (2) S.C.R. 859
Year/Volume: 1988/ Supp. (2)
Date of Judgment: 09 September 1988
Petitioner: U.P. BHOODAN YAGNA SAMITI, U.P.
Disposal Nature: Appeals Allowed
Neutral Citation: 1988 INSC 266
Judgment Delivered by: Hon'ble Mr. Justice G.L. Oza
Respondent: BRAJ KISHORE & ORS.
Case Type: CIVIL APPEAL /1866-1868/1988
Order/Judgment: Judgment
1. Headnote

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 

2. Case referred
3. Act
  • U.p. Bhoodan Yagna Act, 1952 (10 of 1953)
4. Keyword
  • U.P. Bhoodan Yagna Act 1952
  • s. 14 and 15
  • grant of land to landless person
  • Bhoodan Movement