No counter affidavit has been filed by the learned standing counsel representing the respondents. Petitioner who is member of Scheduled caste took some loan from a bank after mortgaging some of his agricultural land. He could not repay the loan. Bank threatened to start recovery proceedings. The petitioner thought that the only way of paying the loan was to sell part of his agricultural land. Accordingly, he applied on 27.12.2003 for permission to sell a part of his land to any person under Section 157-A of U.P.Z.A.L.R. Act. It is quite obvious that if something is sold in open market it fetches more price then the price which may be obtained by offering to sell the same to limited number of people. Through the impugned order dated 27.04.2005 contained in Annexure 13 to the writ petition case no.201/D.L.R.C./2005 the A.D.M. (Administration), Ghaziabad rejected the permission (communicated the rejection order of Collector dated 24.03.2004). Against the said order revision was filed in the form of revision no.71 of 2004-05. It was specifically argued that the land was mortgaged to the Syndicate Bank inspite of it the authorities below held that there was no reason to grant the permission. Judicial notice may be taken of the fact that if land is sold in auction for realisation of dues, it does not fetch adequate price. Auction purchaser is conscious that there may be lot of litigation in respect of auction, hence he does not purchase it for the price for which similar land may be purchased in open market.
The provisions of Section157-A are for the benefit of the scheduled caste. It can not be interpreted and applied in such manner that it becomes detrimental to them. There is no finding that some non scheduled caste purchaser wanted to exploit the petitioner by purchasing his land.
From perusal of Schedule 1 to the application which is Annexure 6 to the writ petition it is clear that even after sale of the aforesaid land, 1.655 hectares land will still remain with the petitioner. Petitioner is permitted to sell it any one.
Accordingly, writ petition is allowed impugned orders are set aside. Petitioner's application seeking permission to sell the land of khata no.534 khasra no.792 ka area 0.316 hectare to some non scheduled caste is allowed. It is made clear that after selling the land petitioner will not be entitled to claim allotment of any gaon sabha land.
Order Date :- 15.3.2011 vkg