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CHANDRA KUMAR RAI
Radhey Shyam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Shivendra Nath Singh, Mr. Ram Singh & Mr. Mahesh Prasad Yadav, learned counsel for the petitioners, Mr. Tarun Gaur, learned Standing Counsel for the State-respondents and Mr. Avinash Chandra Srivastava, learned counsel for the respondent- Gram Sabha.
2. Brief facts of the case are that the agricultural lease was granted to one Ramji Lal (father of respondent nos.6 & 7) in respect to Khata No.265, Khasra No.442/1 area 0.648 hectare situated in Village- Mauja, Chiksoli, Tahsil- Chhata, District- Mathura. On the basis of agricultural lease executed in favour of Ramji Lal, the possession was delivered and Ramji Lal was recorded over the plot in question. Due to operation of the law he became bhumidhar with transferable right and recorded accordingly, over the plot in question. Ramji Lal expired leaving behind respondent nos.6 & 7 as his heirs and legal representative. Respondent nos.6 & 7 were accordingly, recorded over the plot in question and after death of their father, respondent no.6 executed a registered sale deed on 10.7.2001 in favour of petitioners' father- Dayoli Ram with respect to his 1/2 share in the aforementioned disputed plot. Resp
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.
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 Collector lacks jurisdiction to declare agricultural land transactions void; such authority is vested in the Assistant Collector First Class as per relevant sections of the U.P. Zamindari Aboliti....
Improper adjudication and flawed processes in property vesting under U.P. Act rendered the vesting of property in the State unlawful, emphasizing the need for due process and fair administrative acti....
A sale deed canceled by a Civil Court prevents subsequent actions vesting the land in the State, affirming the validity of the registered sale deed in favor of the petitioner.
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