MOHD.KHALEEQ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri Ravi Shanker Tiwari, learned counsel for the petitioners as well as learned Standing Counsel on behalf of respondents No. 1 to 3.

(2.) Vakalatnama has been filed by Ms Priyanka Singh on behalf of Nagar Nigam Lucknow i.e. respondent number 4.

(3.) It has been submitted on behalf of the petitioners that certain lands of Village Khurram Nagar, Pargana, Tehsil and District Lucknow was purchased from respondent No. 5, in the name and style of Gandhi Nagar Sahkari Awas Samiti, which is a Co-operative Society vested under Societies Registration Act. It seems that the said Co-operative Society had purchased certain lands from members belonging to the scheduled caste and consequently, the State was of the view that such a sale was hit by the provisions contained in Sec. 157-ka of the U.P. Zamindari Abolition and Land Reforms Act, and thereafter, the consequences of such a sale, as provided under Sec. 166/167 of the UPZA&LR Act, such lands would vest in the State, as being in gross violation of the provisions of the UPZA&LR Act. It has further been submitted that the petitioners had purchased Plot No. 95 situated at village Khurram Nagar, Pargana District Lucknow, from respondent No. 5. It has been submitted by counsel for the petitioners that they did not receive any notice with regard to the proceedings under Sec. 166/167 of the UPZA&LR Act, which resulted in passing of the order dtd. 27/2/2006 passed by the Additional City Magistrate/Assistant Collector First Class, Lucknow, thereby holding that the sale deed was in violation of Sec. 157-A and consequently vested the said plot purchased by the petitioners with the State. The petitioners, being aggrieved by the order dtd. 27/2/2006, preferred a revision before the Additional Commissioner, Lucknow, Division Lucknow, assailing the aforesaid order which has also been rejected.