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The High Court upheld the view of the Board of Revenue and dismissed the Writ Petition. In doing so, the High Court followed its earlier decision reported in Ramdin Vs. Board of Revenue [(1994) Revenue Decisions, Page 388]. The present appeal is directed against that order of the High Court.

Going by the orders of the Board of Revenue and the High Court, the maintainability of an application seeking recognition of right under Section 122B(4F) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as 'the Act') is the issue that loomed large before the Board and the High Court. We are of the view that it would be travesty of justice to deny relief to the appellant who is a Scheduled caste agricultural labourer and relegate him to an unfortunate situation of being left without remedy though he has a statutory right to continue in possession and enjoyment of the land. The High Court seems to have taken a narrow view of the rights and remedies of the appellant, leaving him to pursue a tortuous course of litigation to safeguard his rights.

The brief facts are these: The appellant who is a landless labourer belonging to scheduled caste filed an application before the S.D.O., Konch on 20.12.1990 stating that he had been cultivating the land admeasuring 2.45 acres since 14-15 years and that the said land was leased out to others (respondents herein) in the year 1990 by the Gaon Sabha of Torna village treating it as fallow land. The said allotment was approved by the S.D.O., Konch on 14.11.1990. Apprehending that the appellant will be evicted, he filed an application on 20.12.1990 before the S.D.O., Konch for protection of his right under sub-Section (4F) of Section 122B of the Act and to direct necessary amendments to be made in the revenue records. It appears that in the relevant record, the Gaon Sabha was shown to be holding the land in question which got vested in it under Section 117-(1)(i) of the Act, on the publication of a Notification under Section 4. The S.D.O. on inquiry held that the petitioner was continuously in possession prior to 30th June, 1975 (it is not clear whether the correct year is 1975 or 1985) and continued to be so even on the date of allotment of the land to a third party. He referred to sub-Section 4F of Section 122B and held that rights over the land accrued to him under the said provision. He therefore directed that the name of the appellant should be recorded as bhumidhar with non transferable right by deleting the name of Gaon Sabha in the records. On appeal preferred by the State of U.P., the Gaon Sabha and the allottees of land (R-2 to R-5 herein) the appellate authority i.e., Additional Commissioner (Judicial), Jhansi Division agreed with the findings of the S.D.O. that the respondent (appellant herein) had been in continuous possession prior to and after 30th June, 1985 and as he is a member of Scheduled caste, his right under Section 122B(4F) was established. The appellate authority also observed that the land was not vacant at the time of grant of lease by the Gaon Sabha. Both the authorities referred to entries in khasras for the crop years 1389-1391 faslis (corresponding to 1979-1981) and irrigation receipts pertaining to 1393-1397 faslis.

It is true that the application of the nature filed by the appellant does not fall within the four corners of Section 122B. Sub-Sections (1), (2) & (3) of Section 122B only empower the Assistant Collector to initiate action on the basis of information received by him to put an end to misuse or unauthorized occupation of the property belonging to Gaon Sabha or a local authority. It does not specifically provide for the entertainment of an application by a person who seeks protection of his rights under sub-Section (4F). But, that is of no material consequence in view of what emerges from the discussion that follows.

Thus, sub-Section (4F) of Section 122B not merely provides a shield to protect the possession as opined by the High Court, but it also confers a positive right of Bhumidhar on the occupant of the land satisfying the criteria laid down in that sub-Section. Notwithstanding the clear language in which the deeming provision is couched and the ameliorative purpose of the legislation, the learned single Judge of the High Court had taken the view in Ramdin Vs. Board of Revenue (supra) (followed by the same learned Judge in the instant case) that the Bhumidhari rights of the occupant contemplated by sub-Section (4F) can only blossom out when there is a specific allotment order by the Land Management Committee under Section 198. According to the High Court, the deeming provision contained in sub-Section (4F) cannot be overstretched to supersede the other provisions in the Act dealing specifically with the creation of the right of Bhumidhar. In other words, the view of the High Court was that a person covered by the beneficial provision contained in sub-Section (4F) will have to still go through the process of allotment under Section 198 even though he is not liable for eviction. As a corollary to this view, it was held that the occupant was not entitled to seek correction of revenue records, even if his case falls under sub-Section (4F) of Section 122B. We hold that the view of the High Court is clearly unsustainable. It amounts to ignoring the effect of a deeming provision enacted with a definite social purpose. When once the deeming provision unequivocally provides for the admission of the person satisfying the requisite criteria laid down in the provision as Bhumidhar with non-transferable rights under Section 195, full effect must be given to it. Section 195 lays down that the Land Management Committee, with the previous approval of the Assistant Collector in-charge of the Sub Division, shall have the right to admit any person as Bhumidhar with non-transferable rights to any vacant land (other than the land falling under Section 132) vested in the Gaon Sabha. Section 198 prescribes "the order of preference in admitting persons to land under Sections 195 and 197". 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. In a way, sub-Section (4F) supplements Section 195 by specifically granting the same benefit to a person coming within the protective umbrella of that sub-Section. The need to approach the Gaon Sabha under Section 195 read with Section 198 is obviated by the deeming provision contained in sub-Section (4F). We find no warrant to constrict the scope of deeming provision.