ZILA PANCHAYAT GONDA Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has sought the following relief:

(2.) FOR deciding this writ petition, the facts in short are that the petitioner No. 1 Zila Panchayat Gonda in exercise of powers conferred under section 239(2) of Uttar Pradesh Keshetra Samiti and Zila Parishad Adhiniyam, 1961 framed bye -laws for imposing fee on transfer of agricultural land within the rural area of Zila Panchayat excluding the area falling under Nagar Panchayat, Nagar Mahapalika, Town Area, notified area, cantonment area. Under sub -rule (10) of Rule 7 of the bye -laws, it has also been mentioned that these bye -laws will apply on all the transfers made through mortgaged deed, account transfer, shares, sale or will deed etc. registered in the office of Sub -Registrar or the Registrar of the area. Rule 12 of the bye -laws imposes a fee at the rate of 0.5% on the total value of the property. Rule 13 provides that any such transfer as mentioned above if taken place without depositing the requisite fee would be illegal. A penal provision in Rule 15 of the bye -laws was also introduced whereby breach of any rule of the aforesaid bye -laws, a penalty of rupee one thousand shall be imposed for the first offence and in case of subsequent offence, the penalty would be Rs. 50 per day and in case of default of payment of fine, imprisonment upto three months may be ordered.

(3.) THE Commissioner, Devipatan Division, Gonda on 15.6.1999 (Annexure -6 to the writ petition) issued directions to District Magistrate, Gonda that he will ensure for compliance of the mandate contained in Rules 12 and 13 of the bye -laws. Thereafter Upper Mukhya Adhikari wrote letters to all the Sub -Registrars of District Gonda informing the letter issued to District Magistrate, Gonda by the Commissioner, Devipatan Division, Gonda for information. The Nagar Mukhya Adhiakri also warned the Sub -Registrars that in case, the bye -laws are not complied with on their part, the legal action may be taken against them and they shall be responsible for the loss.