ARSHAD Vs. ADDL. COMMISSIONER ADMN

JUDGEMENT

(1.) Heard Sri M.A. Khan, learned counsel for the petitioners, Sri Abhishek Tiwari, learned brief holder for the State and Sri D.D. Chauhan, learned counsel appearing for the Gaon Sabha.

(2.) By means of this petition filed under Article 226 of the Constitution, petitioners have sought a writ of certiorari for quashing the order dtd. 3/9/2004 passed by the Collector, Saharanpur and the order dtd. 1/6/2012 passed by the Additional Commissioner (Administration), Saharanpur Mandal, Saharanpur.

(3.) The argument advanced by the learned counsel for the petitioners is that the vary provision i.e. Sec. 168A of the U.P. Zamindari Abolition and Land Reforms Act having been deleted from the Statute vide U.P. Zamindari Abolition and Land Reforms (Amendment) Act, 2004 notified w.e.f. 23/8/2004, there existed no more any law under which a transaction of land in fragmentation could be held to be void.