IN THE HIGH COURT OF ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA, J.
Smt. Omwati – Appellant
Versus
Collector District Pilibhit And 2 Others – Respondents
Writ C No.31006, 31010 of 2021
Decided on : 10-11-2022
U.P. Revenue Code, 2006 – Section 98(1) – U.P. Revenue Code Rules, 2016 – Rule 99 – Two writ petitions are based on similar set of facts and raise common questions of law, accordingly with consent of parties, petitions are being taken up for hearing together – Held, Conditions which are required to be satisfied while considering grant of permission by Collector to a bhumidhar belonging to a scheduled caste seeking to transfer land belonging to him having been clearly specified under proviso to subsection (1) of Section 98 read with sub-rule (8) of Rule 99, reference made in orders impugned to any other circumstance and on basis thereof to reject application of petitioner seeking grant of permission to transfer, would therefore render exercise of discretionary power as ultra vires and invalid – Orders impugned having been passed in absence of consideration of relevant provisions and being based on wholly irrelevant consideration, are accordingly held to be legally unsustainable and are set aside – Writ petitions, matter is remitted to Collector for passing of fresh order on the basis of provisions contained under Section 98 of Code, 2006 read with sub-rule (8) of Rule 99 of Rules, 2016 in light of discussion made hereinabove – Respondent authority would be expected to pass appropriate orders on applications of petitioners under Section 98 seeking grant of permission for transfer, expeditiously, and preferably within a period of three months from date of presentation of a certified copy of this order – Writ petitions allowed.
JUDGMENT :
1. The two writ petitions are based on similar set of facts and raise common questions of law, accordingly with the consent of the parties, the petitions are being taken up for hearing together.
2. Heard Sri Siddharth Nandan, learned counsel for the petitioners and Ms. Shivi Mishra, learned Standing Counsel for the State respondents.
3. Writ C No. -31006 of 2021 seeks to raise a challenge to an order dated 9.11.2021 passed by the respondent no.1/Collector, District Pilibhit in Case No. 1307 of 2021 (Omwati vs. State of U.P.) under Section 98(1) of U.P. Revenue Code, 20061. A further prayer has been made for a direction to the respondent authorities to grant permission for executing the sale deed in pursuance of an agreement to sell dated 5.12.2019 as per terms of Section 98 of the Code, 2006 read with Rule 99 of the U.P. Revenue Code Rules, 2016[the Rules, 2016].
4. The petitioner claims to be recorded as a bhumidhar with transferable rights over half portion of land bearing Khata no.13, Gata no. 218 area 0.679 hectares situate at Village Simraya, Tehsil Puranpur, District Pilibhit. It has been submitted that the petitioner is married and is residing with her husband at Village Mainakot, which is situate at a distance of 50 kms and since it is not possible for her to carry out agriculture over the land in question, she entered into a registered agreement to sell dated 5.12.2019 with the respondent no.3 and submitted an application dated 6.12.2019 to the Collector seeking permission under Section 98(1) of the Code, 2006. A report thereon dated 20.1.2022 was submitted by the Tahsildar concerned. The petitioner thereafter, approached this Court by filing Writ C No. 7110 of 2020 (Smt. Omwati vs. Collector, District Pilibhit and 2 Others) which was disposed of in terms of an order dated 4.5.2020 directing the respondent no.1 to pass an appropriate order on the application submitted by the petitioner within a prescribed time period. The application filed by the petitioner was subsequently rejected by the respondent no.1 by means of an order dated 6.12.2019. Being aggrieved, against the aforesaid order, the petitioner has preferred the present writ petition.
5. Writ C No. 31010 of 2021 seeks to bring into question the order dated 9.11.2021 passed by the respondent no. 1/Collector, District Pilibhit in Case No. 1306 of 2021 (Shiv Narayan vs. State of U.P.) under Section 98(1) of the Code, 2006. A further prayer is sought for a direction to the respondent no.1 to grant permission for execution of the sale deed in furtherance of an agreement to sell dated 9.12.2019 as per terms of Section 98 of the Code, 2006 read with Rule 99 of the Rules, 2016. The petitioner has asserted himself to be a bhumidhar with transferable rights over land under Khata no. 289, Gata no. 412, area 0.301 hectares and 2/4th of Khata no. 54, Gata no. 556 area 0.122 hectares and Khata no. 215, Gata no. 413Aa, area 0.080 hectares situate at Village Simraya, Tehsil Ghunghchihai, Tehsil Puranpur, District Pilibhit and also half share of Khata no. 002, Gata no. 301 area 3.561 hectares situate at Village Bhagwantapur, Tehsil Puranpur, District Pilibhit. It is submitted that petitioner had entered into a registered agreement to sell dated 9.12.2019 with the respondent no.3 in respect of the land in question which is situate at a distance of 18 kms and accordingly, it was not possible for him to carry out agriculture over the said land. The petitioner has also stated that he was in need of funds to repay the loan which he had taken. An application was therefore, submitted before the respondent no.1 in the prescribed format for seeking permission as per Section 98(1) of the Code, 2006. A report dated 20.1.2020 was submitted by the Tahsildar thereon. The matter remained pending and in view thereof, the petitioner had to approach this Court by filing Writ C No. 7115 of 2020 (Shiv Narayan vs. Collector, District Pilibhit and 2 Others) which was disposed of by an or
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