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2017 DIGILAW 2850 (ALL)

MATLUB v. STATE OF U. P.

2017-12-06

SIDDHARTHA VARMA

body2017
JUDGMENT Hon’ble Siddhartha Varma, J.—The land of Khasra No. 107/2, area 0.165 hectares situate in village Haroda, District - Saharanpur, was allotted to the father of the petitioner Late Bundu under Section 27 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as ‘the Act’), after the same was declared as a surplus holding of another tenure holder. The petitioners on 24.4.2006 sold the property in question to the respondent No. 5 and 6 by means of a registered sale-deed. However, the respondent No. 5 and 6 were put to notice by the Additional Collector Saharanpur that the sale-deed by which they had purchased the Plot No. 107/2 was void and, therefore, no title accrued to them. In response to the notice, the respondents replied but by the order dated 29.2.2007, the sale was cancelled as it was found violative of Section 131 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 (hereinafter referred to as ‘the U.P.Z.A. & L.R. Act). As per the Sections 166 and 167 of the U.P.Z.A. & L.R. Act, it was held that the land had vested in the State Government. 2. The petitioners who were sellers were thereafter being pestered by the purchasers as they were asking for the return of the sale consideration. This necessitated the petitioners to file a Revision, which was decided ex parte on 5.7.2007. Thereafter, the recall application was also dismissed on 10.9.2007. Aggrieved thereof, the petitioners have filed the instant writ petition. 3. The contention of the petitioners is that after the petitioners’ father was given the patta of the surplus land on 14.7.1976 then on 1.7.1981, the predecessor in interest of the petitioners i.e. their father became a bhumidhar with non-transferable rights. Section 131 of the U.P.Z.A. & L.R. Act, 1950 was read out by the petitioner. It is, therefore, being being reproduced here as under : “Section 131. Bhumidhar with non-transferable rights. Section 131 of the U.P.Z.A. & L.R. Act, 1950 was read out by the petitioner. It is, therefore, being being reproduced here as under : “Section 131. Bhumidhar with non-transferable rights. Every person belonging to any of the following classes shall be called a bhumidhar with non-transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhars by or under this Act, namely, - (a) every person admitted as a sirdar of any land under Section 195 before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977 or as a bhumidhar with non-transferable rights under the said section on or after the said date; (b) every person who is any other manner acquires on or after the said date, the rights of such bhumidhar under or in accordance with the provisions of this Act; (c) every person who is, or has been allotted any land under the provisions of the Uttar Pradesh Bhoodan Yagna Act, 1952. (d) with effect from July 1, 1981 every person with whom surplus land is or has been settled under Section 26-A or sub-section (3) of Section 27 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.” Thereafter with the coming into force of the Uttar Pradesh Act No. 19 of 1995 which came into effect on 14.1.1995, the counsel for the petitioner submitted, the petitioners became bhumidhars with transferable rights. As the learned counsel for the petitioners read out Section 131B of the U.P.Z.A. & L.R. Act the same is being reproduced here as under : “131-B. Bhumidhar with non-transferable rights to become bhumidhar with transferble rights after ten years.—(1) Every person who was a bhumidhar with non-transferable rights immeditaely before the commencement of the Uttar Pradesh Zamidhari Abolition and Land Reforms (Amendment) Act, 1995 and had been such bhumidhar for a period of ten years or more, shall become a bhumidhar with transferable rights on such commencement. (2) Every person who is a bhumidhar with non-transferable rights on the commencement referred to in sub-section(1) or becomes a bhumidhar with non-transferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of period of ten years from his becoming a bhumidhar with non-transferable rights. (2) Every person who is a bhumidhar with non-transferable rights on the commencement referred to in sub-section(1) or becomes a bhumidhar with non-transferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of period of ten years from his becoming a bhumidhar with non-transferable rights. (3) Notwithstanding anything contained in any other provision of this Act, if a person, after becoming a bhumidhar with transferable rights under sub-section (1) or sub-section (2). Transfers the land by way of sale, he shall become ineligible for a lease of any land vested in Gaon Sabha or the State Government or of surplus land as defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.” 4. The counsel for the petitioner, thereafter submitted that since they were bhumidhar with transferable rights w.e.f. 14.1.1995, the sale which took place on 24.4.2006 was a valid sale-deed and no fault could be found with it. This ground was raised before both the Courts below. Specific argument is also to be found in the body of the judgements impugned. 5. However, simply because the petitioners were entered as bhumidhars with non-transferable rights in the revenue record, the two Courts below had held that the sale-deed could not have been executed. 6. Learned Standing Counsel could not dispute the factual and the legal aspect of the matter and submitted that the petitioners, in fact, on the date when the sale-deed was executed were bhumidhars with transferable rights. 7. Having heard the learned counsel for the parties, I am of the view that because of the provisions of Section 131 and 131(B) of the U.P.Z.A. & L.R. Act, the petitioners had initially become bhumidhars with non-transferable rights and subsequently had acquired bhumidhari with transferable rights and they could definitely have sold off their land. Revenue entries do not matter and it mattered little that the petitioners were entered as Bhumidhars with non transferable rights. 8. Therefore, the impugned orders dated 10.9.2007 and 5.7.2009 passed by Additional Commissioner Saharanpur and the order dated 28.2.2007 passed by Additional Collector (Administration) Saharanpur cannot be sustained and are, thus, quashed. 9. The writ petition is allowed.