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Aggrieved, Gaon Sabha preferred an appeal which was allowed on 30 December 2012 by the Settlement Officer of Consolidation. Petitioner assailed the appellate order in revision which has been dismissed by the impugned order.

The dispute pertains to gata no. 376 plot no. 2006 admeasuring 3-0-0 bigha recorded "banjar" in the basic year khatauni, thus, vesting in the Gaon Sabha. In the impugned order, the revisional authority would note that to confer benefit of Section 122B (4F) of the Act, the occupant would have to prove and demonstrate continuous possession. The possession, however, was proved by the petitioner by leading oral evidence, whereas, there being no documentary evidence, viz. khasra (field register) etc. to show that petitioner was in possession of the land in dispute as unauthorized occupant. Merely on caste certificate and statement of two witnesses would not be sufficient to confer benefit of Section 122B (4F), without there being documentary evidence showing possession. Further, the Consolidation Officer would have no authority to exercise power or jurisdiction under Section 122B(4F).

On rival submissions, the issue for determinations is: (i) whether, possession of the land vesting in the Gaon Sabha could have been proved by merely leading oral evidence; (ii) whether, the Consolidation Officer would have jurisdiction under Section 122B (4F) of the Act.

To appreciate the issues, reference to Section 122B is necessary. The said section prescribes the procedure for eviction of a person wrongly occupying or damaging or misappropriating the property vesting in Gaon Sabha or a local authority. The Land Management Committee or Local Authority as the case may be, shall inform the Assistant Collector and thereupon the Assistant Collector should issue notice to the person concerned to show cause. The Assistant Collector is not satisfied with the explanation, he may direct eviction of the occupant by using force, if, necessary and may further direct that compensation be recovered from such person. The person aggrieved has a right of revision to the Collector and he can also file a suit to establish his right.

Sub-Section 4F is exception to Section 122B(1), (2) and (3). Sub-Section 4F begins with a non-obstante clause providing that where an agricultural labourer belonging to a scheduled caste or scheduled tribe is in occupation of any land vested in the Gaon Sabha under Section 117 having occupied it before June 13, 1985 which together with land, if any, held by him from before which does not exceed 1.26 hectares, then no action under the section shall be taken by the Land Management Committee or against such labourer, and it shall be deemed that he has been admitted as Bhumidhar with non-transferable rights of that land under Section 195.

The right acquired or accrued under subsection (4F) is one such right that falls within the purview of Section 131(b), therefore, two legal consequences follow: (i) such occupant of land shall not be evicted by taking recourse of Sub-Section 1, 2 and 3 of Section 122B. It, therefore, means that the occupant of the land, who satisfies the conditions is entitled to safeguard his possession as against the Gaon Sabha; (ii) the more important right which sub-section (4F) confers on him is that he is endowed with the right of a bhumidhar with non-transferable rights. The deeming provision has been specifically enacted as a measure of agrarian reform, with a trust on socio-economic justice. Thus, Sub-Section (4F) not merely provides a shield to protect the possession but it also confers a positive right of bhumidhar on the occupant of the land satisfying the criteria laid down in that sub-section. (Refer: Manorey alias Manohar vs. Board of Revenue, JT 2003 (3) SC 538: 2003 RD (94) 538) The lack of specific provision for making an application under the Act is good ground to dismiss the application as not maintainable. The revenue records should naturally fall in line with the rights statutorily recognized. The last part of Sub-Section (4F) of Section 122B confers by a statutory fiction the status of bhumidhar with non-transferable rights on the eligible occupant of the land as if he has been admitted as such under Section 195. In substance and in effect the deeming provision declares that the statutorily recognized bhumidhar should be as good as a person admitted to bhumidhari rights under Section 195 read with other provisions.