The U.P. Act No. 1 of 1951 restricts land transfer by bhumidhars and imposes limitations on land holdings, with specific exceptions for transfer. The court's decision upheld the legislative intent of the Act to prevent excessive land holdings and promote social welfare.

( 1 ) HEARD learned counsel for the petitioner Sri Sankatha Rai at length.

( 2 ) PERUSED the order dated 30. 5. 2001, passed by Additional Commissioner (Administration), bareilly Division, Bareilly (Annexure-1 to the writ petition) and the order dated 24. 5. 1993, passed by Collector, Pilibhit (Annexurc-2 to the writ petition), whereby both the courts below have passed orders making petitioner company entitled up to 12. 50 acres land in Uttar Pradesh and the excess of 12. 50 acres land have been declared to have vested in the State Government free from all encumbrances.

( 3 ) IT is urged by the learned counsel for the petitioner that the Additional Commissioner and collector, respondent Nos. 1 and 2, have based their findings on the affidavit of Sri T. R. Sharma, General Manager of the Company dated 19. 5. 1993 (Annexure-7 to the writ petition), but neither Sri T. R. Sharma has any authority of the Company under resolution dated 14. 10. 1991 passed by the Board of Directors of the Company (Annexure-10 to the writ petition)to enter into compromise and giving consent to relinquish the land in dispute in favour of the state Government nor any such consent has been given in the affidavit to relinquish the land in excess of 12. 50 acres in favour of the State Government, therefore, the findings of the commissioner and Collector are perverse and liable to be set aside on this ground.

( 4 ) FOR the reasons given hereinbelow, the aforesaid argument of the learned counsel for the petitioner is not acceptable.

( 5 ) IT is to be noticed that the State Legislature has enacted Section 152 of U. P. Zamindari abolition and Land Reforms Act (hereinafter referred as U. P. Act No. 1 of 1951) that the interest of a bhumidhar with transferable rights shall subject to the conditions enumerated in subsequent provisions of the said Act, would be transferable. Sub-section (1) of Section 154 of the said Act imposes restriction on transfer by a bhumidhar and provides that same as provided in sub-section (2) no bhumidhar shall have the right to transfer by sale or gift any land other than tea gardens to any person where the transferee, as a result of such sale or gift, becomes entitled to land, which together with land, if any, held by his family will, in the aggregate, exceed 12. 50 acres in Uttar Pradesh. Subsection (2) of the aforesaid Section provides that subject to the provisions of any other law relating to the land tenures for the time being in force, the State government may, by general or special order, authorise transfer in excess of limit prescribed in sub-section (1) of Section 154 of U. P. Act No. 1 of 1951 provided if State Government is of opinion that such transfer is in favour of a registered Co-operative Society or an Institution established for charitable purpose which does not have land sufficient for its needs or that the transfer is in the interest of general public. It is further to be noticed that Section 166 of the said act provides that every transfer made in the contravention of the provision of U. P. Act No. 1 of 1951 shall be void. Section 167 of the said Act provides consequences, which ensue in respect of every transfer, which is void by virtue of Section 166 of the Act.

( 6 ) A combined reading of Sections 152, 154, 166 and 167 of U. P. Act No. 1 of 1951 leads towards an irresistible conclusion that no bhumidhar shall have the right to transfer by sale or gift any land in excess of 12. 50 acres in Uttar Pradesh and in those cases where such transfer exceeds 12. 50 acres, the transferee, as a result of such sale or gift, becomes entitled to land which, together with land, if any, held by his family in aggregate does not exceed 12. 50 acres unless the land transferred by a bhumidhar by sale or gift is tea gardens or the State Government by general or special order authorises transfer in excess of the limit prescribed provided the State government is of the opinion that such transfer is in favour of register