Court No. - 6
Case :- WRIT - C No. - 41376 of 2019 Petitioner :- Sahab Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ruduvant Pratap Singh,Yogesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Dwijendra Prasad
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The writ petition arises out of proceedings under Section 166/167 of the U.P. Zamindari Abolition and Land Reforms Act, wherein an order was passed by the respondent no. 2 on 23.05.2017 vesting the land, which was subject matter of the sale deed executed by the petitioner in favour of one Bhagwati Prasad, in the State.
A finding was returned that the petitioner executed a sale deed of land before he became its bhumidhar with transferable rights, in accordance with Section 131- B of the U.P. Zamindari Abolition and Land Reforms Act.
For the above reasons, and since a bhumidhar with non-transferable rights could not have executed the sale deed, the same was fount to be a transfer in contravention of the provisions of the Act and therefore void as provided under Section 166.
Since in view of Section 166, the said sale was a void transaction, the property was therefore, ordered to vest in the State as provided under Section 167.
The order aforesaid has been affirmed upon dismissal of the consequential revision by the Commissioner vide order dated 31.07.2019.
Upon hearing counsel for the parties, this Court does not find any illegality in the orders impugned. It has not been established by any cogent material on record that the petitioner was a bhumidhar with transferable rights on the date, he executed a sale deed in favour of Bhagwati Prasad.
Therefore, the orders impugned are perfectly justified and in consonance with law and the same call for no interference.
The writ petition is accordingly dismissed.
Order Date :- 19.12.2019 Mayank