DULARI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Shri Deepak Kumar Jaiswal, learned counsel for the petitioners and Shri Ajeet Kumar Singh, learned Additional Advocate General assisted by Sri Ravesh Kumar Singh and Ms. Shikha Dixit, learned Standing Counsel appearing for the State-respondents.

(2.) The present petition has been filed by the petitioners seeking a direction to quash the order dtd. 16/12/2021 passed by the Board of Revenue, U.P., Allahabad whereby the earlier order dtd. 28/3/2007 passed by the ADM (City)/ Addl. Collector, Agra in exercise of the powers under Sec. 167 of Uttar Pradesh Zamindari Abolition And Land Reforms Act 1950 [the ZA and LR Act] has been affirmed.

(3.) Pleadings in the petition are to the effect that the land in question bearing Arazi No. 665/0.2540 Hec. of Khata No. 214 situate in Village-Digner, Tehsil-Sadar, District- Agra was recorded in the name of one Prem Singh who is stated to have become a bhumidhar with transferable rights under Sec. 131-B of the ZA and LR Act and subsequently, executed a registered sale deed dtd. 1/10/2005 in favour of the petitioner no. 1. A report dtd. 2/12/2005 was submitted by the Naib Tehsildar (Kundal), Agra pointing out that the transfer made was in violation of Sec. 157-AA of the ZA and LR Act as the same was without the required prior approval of the authority concerned and accordingly, a recommendation was made for proceedings to be undertaken as per Sec. 166-167 of the ZA and LR Act. Upon the aforesaid report Case No. 02 of 2005-06 (State vs. Ramdulari) was instituted and a show cause notice dtd. 26/12/2005 was issued to the petitioner no. 1 who submitted her objections dtd. 26/4/2006. The case came to be decided in terms of an order dtd. 28/3/2007 wherein the Additional Collector upon considering the facts of the case held that no prior approval has been obtained before making of the transfer and the same being in contravention of Sec. 157-AA of the ZA and LR Act, he made a recommendation for vesting of the land in the State Government as per the provisions of Sec. 167 of the ZA and LR Act.