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Agricultural land cannot be declared as non-agricultural just because the plot was found vacant

In Sunita Agarwal v. State of U.P, petitioner’s agricultural land was declared as non-agricultural. It was found on a spot inspection conducted by Revenue Inspector that the plot was vacant and no agricultural work was being done. Aggrieved by the same, petitioner filed an application under Section 82 of the Code for cancellation of the above declaration. The aforementioned application was dismissed stating that by canceling the declaration, petitioner was trying to save stamp duty. Later, a revision petition filed by petitioner on the dismissal of above application was also dismissed and for the same, this writ petition was filed.

The Single Judge Bench agreeing with the appellant held that if a land is vacant it could never be concluded that it would never be used for agriculture. Unless a building comes up the land could always be used for agriculture.




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