From the Judgment and Order dated 20 9 1974 of the Allahabad High Court in Special Appeal No.
8268 of 1971 decided on 28th September, 1973 .
v. State of U.P. Civil Misc.
The appellant filed an appeal before a Division Bench of the High Court which was dismissed on September 20, 1974.
Writ No.
145 of 1974.
deposited on lands abutting on rivers, as a result of fluvial action of a river vest in the State Government.
On February 18, 1971 the Department of Mines passed an order directing the disposal of the deposits by an auction sale.
The writ petition came up for hearing before a learned Single Judge who dismissed it by his judgment dated April 2, 1974, following a previous decision of the Allahabad High Court in Sultan and Anr.
On October 13, 1970 the appellant made an application to the Officer in charge, Mines, Allahabad, objecting to the proposed auction on the ground that the Government had numberright to deal with his property in a manner detrimental to his title.
In October, 1971 the appellant filed a writ petition under article 226 of the Constitution in the Allahabad High Court asking that the aforesaid order of the State Government be quashed and that the State Government be restrained from bringing the fluvial deposits to sale by auction or otherwise.
The Mines and Minerals Department, Government of Uttar Pradesh, took steps in about 1970 to sell by auction the right to remove the sand, gravel and bajris deposited on the appellants lands.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Dikshit and O. P. Rana for the respondents.
The Judgment of the Court was delivered by CHANDRACHUD, J. Certain lands situated in Usmanpur and Dariyabad in the district of Allahabad are in the possession of the appellant, some as a Bhumidhar, some as a Sirdar and some as a hereditary tenant.
The lands abut on the Jamuna river and are submerged by the river water when the river is in flood.
1044 of 1975.
P. Goyal and Shree Pal Singh for the appellant.
The appellant lays claim to the deposits left behind by the fluvial action of the river companytending that since he is the owner of the lands or is otherwise entitled to an unrestricted user of the lands, he would be entitled to appropriate the deposits to the exclusion of all others.
When the flood recedes large quantities of sand, gravel, boulders and bajris are deposited on the surface of the lands.
