This single-judge divisional bench dismissed the writ petition challenging orders vesting land in the State of Uttar Pradesh. The court found that the sale deed was illegal due to lack of prior approval under Section 157-A of the U.P. Zamindari Abolition and Land Reforms Act.
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Court No. - 9
Case :- WRIT - B No. - 437 of 2020
Petitioner :- Maulana Mohammad Ali Jauhar Trust Respondent :- State of U.P. and Another Counsel for Petitioner :- Syed Safdar Ali Kazmi Counsel for Respondent :- C.S.C.,Mukesh Kumar
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list. None has appeared to press this writ petition.
Similar has been the situation on earlier occasions.
I have perused the impugned orders and do not find any illegality, therein.
Land, which was subject matter of sale deed executed by a person belonging to the scheduled caste in favour of member of the general category has been found to be hit by Section 157-A of the U.P. Zamindari Abolition and Land Reforms Act having been executed without having obtained prior approval/permission for the same.
As a consequence and in view of Section 167 and 166 of the said Act, the land subject matter of this illegal sale deed has been ordered to vest in the State free from all encumbrances.
No evidence or order granting permission for executing the sale deed is filed with the writ petition, apart from the document which has been discarded by the Courts below for cogent reasons.
Accordingly, this Court finds that the impugned orders are perfectly justified and call for no interference.
The writ petition is accordingly, dismissed.
Order Date :- 21.10.2020 Mayank
2 issues framed by the court
Whether the impugned orders vesting land in the State under Section 157-A of the U.P. Zamindari Abolition and Land Reforms Act require interference.
Whether the lack of prior approval for the sale deed executed by a Scheduled Caste person justifies the vesting of the land in the State.
2 provisions across 1 enactments
Maulana Mohammad Ali Jauhar Trust
State of U.P.
Another
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
