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2019 Supreme(All) 2257

ANJANI KUMAR MISHRA
Rajeshwari – Appellant
Versus
Commissioner Additiuonal Commissioner – Respondent


Advocates Appeared:
For the Petitioner: Surendra Pratap Singh

JUDGMENT :

1. Heard counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. The petition arises out of proceedings under Section 157AA/166/167 of the U.P Z. A. and Land Reforms Act and seeks a writ of certiorari for quashing the orders dated 28.10.2016 passed by the respondent no.2 whereby certain land purchased by the petitioner has been ordered to vest in the State as the sale deed was executed by the vendor without having obtained prior permission contemplated under Section 157AA of the Act.

3. The order dated 17.10.2018 whereby the consequential appeal has been dismissed by the respondent no.1 is also impugned.

4. Admittedly one Roogan executed a registered sale deed on 05.03.2013 of 1/5th part of plot no. 429 situated in Village and Post Meerpurhindu, Tehsil & District Ghaziabad in favour of petitioner. It is also not in dispute that the vendor had obtained this land on patta and had become its bhumidhari with transferable rights, in accordance with Section 131 B of U.P. Z. A. and L. R. Act. It is also not in dispute that no prior permission have been obtained before executing the sale deed as is required by Section 157AA of the Act.

5. The contention

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