AJIT KUMAR
Arshad – Appellant
Versus
Addl. Commissioner Admn – Respondent
JUDGMENT :
1. Heard Sri M.A. Khan, learned counsel for the petitioners, Sri Abhishek Tiwari, learned brief holder for the State and Sri D.D. Chauhan, learned counsel appearing for the Gaon Sabha.
2. By means of this petition filed under Article 226 of the Constitution, petitioners have sought a writ of certiorari for quashing the order dated 3.9.2004 passed by the Collector, Saharanpur and the order dated 1.6.2012 passed by the Additional Commissioner (Administration), Saharanpur Mandal, Saharanpur.
3. The argument advanced by the learned counsel for the petitioners is that the vary provision i.e. Section 168A of the U.P. Zamindari Abolition and Land Reforms Act having been deleted from the Statute vide U.P. Zamindari Abolition and Land Reforms (Amendment) Act, 2004 notified w.e.f. 23.8.2004, there existed no more any law under which a transaction of land in fragmentation could be held to be void.
4. It is argued that though the amending law has taken immediate effect prospectively but has also saved those transactions which would have been rendered void by fiction of law created under the erstwhile Section 168A of the U.P. Zamindari Abolition and Land Reforms Act, 1950. He has drawn t
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