2026 INSC 193
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4587 OF 2009
RAM NARAIN (D) BY LRS. & ORS. … APPELLANT(S)
VERSUS
THE SUB DIVISIONAL OFFICER & ORS. … RESPONDENT(S)
J U D G M E N T
S.V.N. BHATTI, J.
1. The Appellant(s) filed a Writ Petition No. 15936 of 1989 in the High
Court of Allahabad seeking Certiorari quashing the Notice dated 07.06.1988
issued under Section 123 of the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950 (hereinafter referred to as ‘U.P. Z.A. & L.R. Act’), Report of
the Tehsildar, Kairana dated 24.05.1989 and the Order dated 20.06.1989
passed by the Sub-Divisional Officer (for short ‘SDO’), Kairana,
Muzaffarnagar, Uttar Pradesh and sought a further relief in the nature of
Mandamus directing the Respondents not to give effect to the said order of
the Sub Divisional Officer.
2. The dispute pertains to a piece of land bearing Plot No. 2362, area
1 bigha 14 biswas, situated in Shamli, District Muzaffarnagar, Uttar Pradesh.
Conflict is between the Appellant(s)/Ram Narain (since deceased) & others,
who purchased the land and claimed rights as owners, and
the Respondents/Suraj Bhan & others, who are agricultural labourers
occupying the land. The issue is whether the Respondents’ unauthorised
occupation of the private land could be statutorily regularised under Section
2
123 of...