Back
CHANDRA KUMAR RAI
Radheshyam Prajapati – Appellant
Versus
State of U. P. – Respondent
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 Section 15 7- A of the U.P.Z.A. and L.R. Act stating that vendor belongs to Scheduled Caste, as such, sale deed is void and property should be vested in State. On the basis of the application dated 21.7.2005, case No. 1 of 2005 under Section 15 7-A of the U.P.Z.A. and L.R. Act was registered before respondent nos. 3 and notice was issued to petitioner. Petitioner filed his objection that
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
