SAVITA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner purchased 275 Sq. Metres of land in Plot No.369 from Jaipal, Harpal and Bhopal sons of Late Sri Jahariya by a sale-deed dtd. 19/7/2008. Thereafter a notice was issued to the petitioner asking her to explain as to why the sale-deed be not considered null and void and her property be vested in the State as the property was purchased by the petitioner from persons belonging to Scheduled Castes and no permission under Sec. 157A of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "Act of 1950") was taken. By the order dtd. 23/5/2009, the sale-deed of the Plot No.369 Area 275.80 Sq. Metres was declared null and void and the property was vested in the State. Petitioner thereafter filed a Revision and when the Revision was also dismissed, the instant writ petition has been filed.

(2.) Learned counsel for the petitioner has made the following submissions:-

(3.) Learned Standing Counsel, however, in reply submitted that as no declaration with regard to the fact that the land was abadi was made under Sec. 143 of the Act of 1950 then definitely the land had to be treated as agricultural and when there was no permission taken by the purchasers as also by the sellers, the sale-deed had to be declared void and the land had to be vested in the State.