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IN THE HIGH COURT OF ALLAHABAD
Manish Kumar, J.
Durga Khadi Evam Gramodyog Seva Sansthan, Lko. Thru. Secy./Manager Smt. Pushpa Devi - Petitioner
Vs.
Additional Commissioner, Administration,Lucknow Mandal, Lko. And Others - Respondent
WRIT - C No. - 2403 of 2024
Decided On : 01-05-2024
RESTRICTIONS - TRANSFER OF LAND BY SCHEDULED CASTES - U.P.Z.A. & L.R. ACT, 1950, SECTIONS 157 A, 157 AA - The court discussed the restrictions on the transfer of land by members of Scheduled Castes under Sections 157 A and 157 AA of the U.P.Z.A. & L.R. Act, 1950. It highlighted that a member of a Scheduled Caste cannot transfer land to a person not belonging to a Scheduled Caste without prior approval from the Collector. The court interpreted that a society does not qualify as a Scheduled Caste entity, thus necessitating such approval for the transaction in question. This interpretation influenced the court's decision to dismiss the petition.
Fact of the Case:
The petitioner, Durga Khadi Evam Gramodyog Seva Sansthan, sought to quash orders regarding the sale of land by a Scheduled Caste member to the Society, arguing that no prior approval from the Collector was needed since both parties belonged to the Scheduled Caste category.
Finding of the Court:
The court found that the Society, as an entity, does not belong to the Scheduled Caste category and thus the sale transaction required prior approval from the Collector under Section 157 A of the Act, which was not obtained.
Issues: Whether a member of the Scheduled Caste can transfer land to a society without prior approval from the Collector as mandated by the U.P.Z.A. & L.R. Act, 1950.
Ratio Decidendi: The court held that the Society is not recognized as a Scheduled Caste entity under the law, and therefore, the transfer of land from a Scheduled Caste member to the Society without prior approval is invalid.
Final Decision: The petition was dismissed as it lacked merit, confirming the necessity of prior approval for the land transfer under the relevant sections of the Act.
JUDGMENT :
Manish Kumar, J.
1. Heard Shri Pradeep Kumar, learned counsel for the petitioner and Shri Hemant Kumar Pandey, learned Standing Counsel for the State.
2. Present petition has been preferred for quashing of the impugned order dated 17.10.2023 passed by the respondent no. 1-Additional Commissioner, Administration, Lucknow Mandal, Lucknow in Case No. 503/2014 (Computerized Case No. C2014100000503) (Durga Khadi Vs. Uttar Pradesh Ziladhikari) under Section 333 (3) of the U.P.Z.A. & L.R. Act, 1950 (hereinafter referred to as, the Act, 1950) and the impugned order dated 03.08.2013 passed by the respondent no. 2 Deputy Collector (Revenue), District Lucknow in Case No. 02/02/2008-09 (State Vs. Durga Khadi Evam Gramodyog Seva Sansthan and other) under Section 166/167 of the Act, 1950.
3. Learned counsel for the petitioner i.e. Durga Khadi Evam Gramodyog Seva Sansthan (hereinafter referred to as, the Society) has submitted that land of Khata No. 554 was purchased by respondent no. 4-Munishwar from respondent no. 3-Sanjay Kumar by registered sale deed dated 20.09.2003 and both the parties belong to the Scheduled Caste. Thereafter, the petitioner Society through Smt. Pushpa Devi, Secretary/Manager, Durga Khadi Evam Gramodhyog Seva Sansthan has purchased the said property from respondent no. 4-Munishwar by registered sale deed dated 29.09.2007.
4. It is further submitted that Smt Pushpa Devi has been holding the post of Secretary/ Manager Durga Khadi Evam Gramodhyog Seva Sansthan since the execution of sale deed and she belongs to the Scheduled Caste category also hence, there was no requirement to obtain prior permission from Collector under Section 157 A of the Act, 1950.
5. It is next submitted that since respondent no. 4-Munishwar and Smt Pushpa are belong to the category of Scheduled Caste so there is no illegality in the execution of sale deed dated 29.09.2007 thus, case of the petitioner does not fall under Section 157 A of the Act, 1950, hence, the impugned orders are bad in the eyes of of law and are liable to be set aside.
6. On the other hand, Shri Hemant Kumar Pandey, learned Standing Counsel has submitted that the property i.e. Khata No. 554 was sold by Shri Munishwar-respondent no. 4 to the petitioner society through Smt. Pushpa Devi. Sale deed was executed in favour of petitioner-Society and the petitioner being a Society does not belong to any caste or category and no such status have been conferred to the petitioner Society thus, the transaction is hit by sub Section 1 of Section 157 A of the Act, 1950 and in support of his submission, he placed reliance upon the judgment of this Court dated 10.04.2019 passed in Civil Misc. Writ Petition No. 44098 of 2014 (Committee of Management, Randhir Singh U.M. Vidayala Vs. State of Uttar Pradesh and others).
7. After hearing learned counsel for the parties and going through the record of the case, it is found that Respondent no.- 4-Shri Munishwar executed a sale deed in favour of the petitioner-Society through Smt. Pushpa Devi-wife of respondent no. 4 as Secretary/Manager of the petitioner Society and under this misconception, learned counsel for the petitioner is pressing hard that sale deed dated 29.09.2007 was executed by a person belonging to Scheduled Caste to another person belonging to Scheduled Caste category, hence, the prior approval of Collector, as required under Section 157 A of the Act, 1950 is not required in the present case and thus, there is no illegality in the present transaction.
8. For convenience, the relevant extract of Section 157 A of the Act, 1950 is quoted hereinbelow:-
Provided t
A society does not qualify as a Scheduled Caste entity under the U.P.Z.A. & L.R. Act, 1950, and thus requires prior approval from the Collector for land transfers involving members of Scheduled Caste....
Sale deed executed under statutory permission remains valid despite allegations of fraud, provided conditions were adequately met per the U.P. Zamindari Abolition and Land Reforms Act.
Only the Assistant Collector First Class is authorized to declare transactions void under Section 157-A of the U.P. Z.A. and L.R. Act, requiring proper inquiry into caste claims before such declarati....
The execution of a sale deed without the requisite permission under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, is void, and the presumption of validity of registered documents ....
The Assistant Collector First Class is the sole authority to declare agricultural land transactions void under Section 166 of the U.P. Zamindari Abolition and Land Reforms Act.
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