PANA Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Notice on behalf of the opposite parties has been accepted by the learned Chief Standing Counsel. Heard learned counsel for the parties.

(2.) The writ petition has been filed challenging the orders dated 21.7.2009 and 8.1.2013 as contained in Annexures 1 and 2, respectively, whereby in the proceedings under Section 166/167 U.P.Z.A.&L.R. Act the order has been passed to record the land in question in the name of the State Government and the revision preferred in the proceedings under Section 333 U.P.Z.A.&L.R. Act has been rejected.

(3.) Learned counsel for petitioner submits that the land recorded at Gata No. 5sa measuring 0.076 hectare and Gata No. 6 measuring 0.177 hectare was transferred by sale -deed by one Sohan Lal in favour of petitioner. Both seller and purchaser belong to Scheduled Caste, as such, no permission was required from the Assistant Collector. It is submitted that the learned Assistant Collector although has accepted that the seller and purchaser both belong to Schedule Caste but has wrongly held that permission was required under Section 157 -AA U.P.Z.A.&L.R. Act which was not obtained, as such, transfer of land byway of sale -deed was illegal.