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CHANDRA KUMAR RAI
Radheshyam Prajapati – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner purchased land and disputes arise. (Para 2) |
| 2. arguments on validity of sale deed enforcement. (Para 3 , 4) |
| 3. court's analysis confirms execution and disputes. (Para 5 , 6) |
| 4. legal interpretation of section 157-a. (Para 7 , 9 , 10) |
| 5. precedent regarding authority's limits. (Para 8) |
| 6. court's decision based on authority and due process. (Para 11 , 12 , 13 , 14) |
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. A.K. Maurya, Counsel for the petitioner, Mr. Sudarshan Singh, Counsel for respondent no.4, Mr. Abhishek Shukla, learned Standing Counsel for the State-respondents and Mr. Bhupendra Kumar Tripathi for respondent no.7, Gaon Sabha.
2. Brief facts of the case are that plot No. 733 area 63-1/2 dismil situated in Village Parasi Khurd Pargana Majhawar Tehsil and District Chandauli was purchased by petitioner through registered sale deed executed on 28.6.2002 from respondent nos. 5 and 6. On the basis of the aforementioned sale deed, the name of petitioner was recorded in the revenue record vide order dated 15.7.2005. After about 3 years of the execution of the sale deed, an application was filed on 21.7.2005 by respondent no.4 (brother of petitioner's vendor) under
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 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.
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.
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.
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....
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