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State of Uttar Pradesh - Section

Section 87 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual

87. Delivery of possession on vacant land [Section 194 and Rule 172].

- If the right of a land holder is ceased to operate in a holding or grove, it shall be become vacant land and the Bhumi Prabandhak Samiti will be entitled to take possession of the land, where the land holder does not deliver possession, the Bhumi Prabandhak Samiti may apply to the Court of Sub-Divisional Officer that the holding should be declared as vacant land. Sub-Divisional Officer shall on being satisfied after the enquiry, declare the land vacant and deliver the possession to the Bhumi Prabandhak Samiti.Note - Sub-rule (1) of Rule 172 has been substituted by Notification No, 1583 (A)/l-A-610-60, dated 20th November, 1961 and is to be read as under:"Rule 172 (1) - An application under Section 194 for declaration of the extinction of tenure-holder's rights shall be filed in the Court of the Assistant Collector-in-charge of the sub-division by the Bhumi Prabandhak Samiti in whose local jurisdiction the extinction has occurred. Where on the application of the Bhumi Prabandhak Samiti or on facts coming to his notice otherwise, the Assistant Collector is satisfied that there is prima facie case for declaration of the extinction of the tenure-holder's rights under Section 194, he shall issue a proclamation in Z.A Form 57 and where the tenure-holder is alive, a copy of the proclamation shall be served on him in person asking him to show cause why the declaration in question should not be granted."