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2015 DIGILAW 125 (ALL)

RAMEY v. STATE OF U. P.

2015-01-19

B.AMIT STHALEKAR

body2015
JUDGMENT Hon’ble B. Amit Sthalekar, J.—The petitioner has filed this writ petition challenging the order dated 16.1.2006 passed by the Collector, Baghpat in Suit No. 3/16 in proceedings under Section 166/167 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as the Act, 1950) as well as the order dated 19.1.2007 passed by the Additional Commissioner, Meerut Division, Meerut in Revision No. 16/2005-06. 2. Briefly stated the case of the petitioner is that he belongs to the Scheduled Caste and is the owner of the Khasra No. 1025 measuring 0.072 hectare situated in village Rataul, Tehsil Khekra, District Baghpat. 3. The undisputed facts of the case are that the petitioner purchased the aforesaid land in question vide sale-deed dated 12.12.2003 from its previous owner namely Sri Dharam Singh, Bramha Singh both sons of Sri Ram Swaroop and Rajesh Kumar, Pawan Kumar as well as Ravi Kumar (minor) sons of Bramha Dev, resident of village Rataul, Tehsil Khekra, District-Baghpat. 4. The further undisputed facts are that the petitioner-Vendor as well as Vendee both belong to Schedule Caste. Permission for the sale of the land in question was obtained by the party from the Sub Divisional Magistrate, Khekra, District-Baghpat on 11.5.2005. The matter came up before the Collector, Baghpat in proceedings under Section 166/167 of the Act, 1950 in Suit No. 3/16 of 2004. The Collector by the impugned order dated 16.1.2006 has set aside the sale-deed and has directed that the land in question shall vest in the State for the reason that the sale-deed was executed by the petitioner with the Vendor on 12.12.2003 and thereafter obtained permission from the S.D.M., Khekra on 11.5.2005. The Collector has held that the sale is therefore bad in terms of Section 157-AA of the Act, 1950 as the said provision requires that no Bhumidhar belonging to the Scheduled Castes shall have a right to transfer any land by way of sale, gift, mortgage or lease to a person not belonging to the Scheduled Caste except with the previous approval by the Collector. The revision filed by the petitioner against the aforesaid order of the Collector has also been dismissed by the Commissioner by the second impugned order dated 19.1.2007. 5. I have heard Sri Santosh Kumar Srivatava, learned counsel for the petitioner and Sri Mata Prasad, learned Additional Chief Standing Counsel for the State-respondents. 6. The revision filed by the petitioner against the aforesaid order of the Collector has also been dismissed by the Commissioner by the second impugned order dated 19.1.2007. 5. I have heard Sri Santosh Kumar Srivatava, learned counsel for the petitioner and Sri Mata Prasad, learned Additional Chief Standing Counsel for the State-respondents. 6. Learned counsel for the petitioner submits that the undisputed findings of fact on record are that both the parties for sale and purchase of the land in question are belonging to the Schedule Caste and therefore Section 157-AA has no application to such a sale or such a transfer of land. He submits that Section 157-AA of the Act, 1950 specifically injuncts Scheduled Castes from transferring any land by way of sale or gift or mortgage or lease to a person not belonging to the Scheduled Caste, except with the permission of the Collector. 7. The submission therefore is that the rigour of Section 157-AA would not apply where both the parties belong to the Scheduled Castes. 8. Sri Mata Prasad, learned Additional Chief Standing Counsel on the other hand submitted that approval of the Collector in all such cases of transfer of land by way of sale, gift, mortgage or lease is mandatory. 9. I have gone through the submission made by the learned counsel for the parties and perused the record. 10. The undisputed facts are that both the parties to the sale belong to the Scheduled Castes. Section 157-AA provides that no person belonging to the Scheduled Caste and having become a Bhumidhar with transferable rights under Section 131-B shall have the right to transfer land by way of sale, gift, mortgage or lease to a person other than the persons belonging to the Scheduled Castes. Sub-section 4 of Section 157-AA provides that no such transfer shall be made except with the previous approval of the concerned Assistant Collector. 11. In my opinion since both the parties belong to the Scheduled Caste the rigour of Section 157-AA would have no application in the present case and permission of the Collector/Assistant Collector would not be necessary prior to executing the sale-deed dated 12.12.2003. In this view of the matter, in my opinion the impugned orders dated 16.1.2006 and 19.1.2007 are both illegal and are therefore quashed. 12. The writ petition stands allowed. 13. There shall be no order as to costs. ——————