JAI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Rejoinder affidavit filed which is taken on record.

(2.) Heard Sri S.K. Tyagi, learned counsel for the petitioner and learned standing counsel for the respondents.

(3.) Bulaki, Malkhan, Dharmu and Udal sold agricultural land total area 2.267 hectare in favour of cooperative society (Pragatisheel Samuhik Cooperative agricultural society, New Delhi). All these four persons have died and are survived by their sons. The society was already having lot of land. Accordingly proceedings for declaration of the sale deed in question dated 8.3.1985 as void under Section 154/166/167 of U.P.Z.A.L.R. Act were initiated. Additional Collector Finance and revenue Gautam Budh Nagar through order dated 7.4.1993 declared that the sale deed was hit by Section 154 of U.P.Z.A.L.R. Act hence the entire transferred land vested in State. Copy of the said order is Annexure 3 to the writ petition. In para 2 of the order it is mentioned that notice was issued only to the cooperative society. Annexure 1 to the writ petition is copy of Khatauni 1407 to 1412 fasli mutating the order dated 7.4.1993 on the order of Tehsildar Dadari dated 11.10.1999. In the Khatauni names of Khatedars tenure holders are given who are sons of the four transferors of the sale deed dated 8.3.1985 and Jai Singh the petitioner. Accordingly, it is quite clear the name of the Cooperative Society had not been mutated in the revenue record. The order dated 7.4.1993 was challenged by the cooperative society through writ petition no.37574 of 1994 which was dismissed on 30.9.1997. Against the said order S.L.P. was filed which was also dismissed by the Supreme Court. Thereafter, the order dated 7.4.1993 was mutated on 11.10.1999. In Annexure 1 only three plots are mentioned area of which is 1.502 hectare. However, in the order dated 7.4.1993 it is mentioned that there were two khatas having six plots. Learned counsel for the petitioner states that total area was 2.267 hectare. However, in respect of the other plots Khatauni has not been annexed along with this writ petition.