CHAMAN LAL Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Sri Manoj Mishra, learned Counsel for the Petitioner, learned Standing Counsel for the Respondents and perused the record.

(2.) The impugned order has been passed vesting land in question in the State under Section 167 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "Act, 1950") holding that execution of sale-deed in favour of Petitioner of the land in question was in violation of Section 157AA of Act, 1950 hence the sale-deed was void vide Section 166 of Act, 1950 and in consequence thereof the land vested in State Government under Section 167.

(3.) It is not in dispute that seller and purchaser in respect to land in question both belong to Scheduled Caste. The land in question was a lease land which was declared transferable on 27.1.2000. An application was submitted before the Deputy Collector seeking approval for sale of land to Petitioner whereupon Tehsildar recommended for grant of approval on 27.1.2000 and on the same date Sub-Divisional Magistrate passed order, marked on file "permitted". Consequently, sale-deed was executed on 31.1.2000.