LAW FOR ALL

INAMS ABOLITION ACT, LAND REFORMS ACT= “1. Whether an Inamdar who has been granted occupancy rights under the Inam Abolition Act can invoke Section 41 to recover possession from a person who is not a tenant of the land in question? 2. Whether the order passed by the Tahsildar is sustainable on merits?”= ONCE OCCUPANCY RIGHTS HAS GIVEN , ALL MORTGAGES MADE BEFORE THE INAMS ABOLITION ACT WERE DEEMED TO BE DISCHARGED OR WIPED OFF. FOR IMPLEMENTING OCCUPANCY RIGHTS, THE TAHSILDAR HAS GOT JURISDICTION UNDER LAND REFORMS ACT TO EVICT THE UNAUTHORIZED PERSONS FROM THE LANDS=Since it was extensively pointed out by the learned Single Judge in the order dated 1.2.2005, as well as in the present impugned order highlighting the malpractices indulged in by the Tehsildar, while passing the order directing possession in favour of the appellant and while upholding the order of the learned Single Judge referred to above, the order of remand passed by the learned Single Judge stands restored. We, however, make it clear that the only issue which can be examined by the Tehsildar can be with regard to the claim of the appellant for restoring possession based on the grant of occupancy rights in its favour, by the proceeding dated 11.2.1993. It is further made clear that this order of remand to the Tehsildar, shall not entitle the respondents to raise any issue relating to the jurisdiction of the Tehsildar, in particular, based on the mortgages of the year 1955 and 1967. 19. The appeals stand allowed with the above directions. In light of the fact that the issue is pending for nearly two decades, we direct the Tehsildar to hear the parties and after giving due opportunity to put forth their submissions, pass final orders in accordance with law expeditiously, preferably within three months from the date of receipt of copy of this order.