BHAGWATI Vs. DEPUTY DIRECTOR CONSOLIDATION GHAZIABAD

JUDGEMENT

(1.) THIS writ petition arises out of proceedings under Section 12 of the U.P. Consolidation of Holdings Act (hereinafter referred to as the Act). The contesting opposite parties Nos. 4 to 6 in the present writ petition being transferees of the disputed land applied for their names to be mutated over the same. The Petitioner contested their claim on the ground that the sale deed was bad in law as no permission was sought for the execution of the sale deed in favour of the contesting opposite parties under the provisions of Section 5(c)(ii) of the Act. The aforesaid provision reads as below:

(2.) RELYING upon the aforesaid provision it has been contended before me that the consolidation authorities have patently erred in giving effect to the sale deed in favour of the contesting opposite parties. It has been emphasized that the sale deed was executed by the Civil Court in favour of the contesting opposite parties on behalf of the Petitioner, hence it was incumbent upon the Civil Court to have obtained necessary permission under Section 5(c)(ii) of the Act.

(3.) WHILE construing the provisions of Section 154 of the UP ZA and LR Act, Division Bench of this Court in Mst. Janatun Nisan v. Mustafa Husain Khan, 1955 ALJ 242 observed as below: