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State of Uttar Pradesh - Section

Section 135 in U.P. Zamindari Abolition and Land Reforms Rules, 1952

135. [ [Substituted by Notification No. 950-RS/I-A-1031(7)-1958, dated 18.03.1959.]

(1)[On an application made by a bhumidhar under Section 143 or on facts coming to his notice otherwise, the Assistant Collector in-charge of the Subdivision may cause enquiry being made through the Tahsildar or any other officer not below the rank of a Supervisor-Kanungo for the purpose of satisfying himself that the bhumidhar's holding or a part thereof is really being used for a purpose not connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming. The enquiry shall be made on the spot and the enquiry officer shall, along with his report also furnish information in the proforma given below:]
Name of village Name of bhumidhar with parent-age andresidence Khata Khatauni number Area of the holding Land revenue Area of the holding used for non-agriculturalpurposes   The specific non agricultural use to which theholding or part thereof is put to Remarks
(a) Plot No. (b) Area
1 2 3 4 5 6 7 8 9
(2)Where the proceedings have been started by the Assistant Collector incharge of the Sub-Division on his own motion he shall issue notice to the bhumidhar concerned. Otherwise also he shall give him an opportunity of being heard before coming to a decision in the matter.
(3)Where the entire holding of the bhumidhar has been put to use for a purpose not connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming, the Assistant Collector in-charge of the sub-division may make a declaration to that effect.
(4)Where only part of the holding of the bhumidhar has been put to use for a purpose not connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming the Assistant Collector-in-charge of the sub-division shall make a declaration to that effect accordingly and get the said part demarcated on the basis of existing survey map and actual user of the land.
(5)The Assistant Collector-incharge of the sub-division shall get prepared and placed on record a map showing in different colours the plots put to use for purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming and for purposes not so connected. He shall also apportion the land revenue payable for each part of holding. The land revenue payable for each shall bear the same proportion to the total land revenue as the valuation of part bears to the total valuation of the holding calculated on the basis of rent rates applicable. An entry shall also be ordered to be made accordingly in the khatauni.
(6)The cost of the demarcation shall be realized from the bhumidhar concerned as an arrear of land revenue unless it has been deposited during the course of the proceedings. For the services of the government servants deputed for carrying out the demarcation, the cost shall be calculated according to the time taken in the work at the rates laid down in Paragraph 405 of the Revenue Court Manual.The cost so calculated shall be deposited in the treasury under the head [LII-Miscellaneous 9-Collection of payments of services rendered.] [Substituted by Notification No. 1950/I-A-2006-D-60, dated 21.03.1966.]