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CHANDRA KUMAR RAI
Vijendra Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Ashutosh Pandey, learned counsel for the petitioner and Mr. Abhishek Shukla learned Additional Chief Standing Counsel for the State-respondents.
2. Brief facts of the case are that petitioner moved an application under Section 157 -A U.P.Z.A.&.L.R. Act for permission to execute the sale deed in respect to plot No.150/2 area 1.511 hectare of Khata No.595 situated in Village- Azamganj Madiya, Pargana, Tehsil and District-Badaun, which was registered as application No.72/2000-2001 District Magistrate vide order dated 8.8.2001 granted permission to the petitioner for execution of sale deed in respect to plot number 150/2, area 1.511 hectare. Petitioner executed the sale deed on 10.8.2001 in pursuance of the permission granted on 8-8-2001 in favour of respondent No. 5. On 18.09.2007, petitioner filed an application before respondent No. 3 stating permission granted on 8.8.2001 is to be recalled, as the same was obtained by fraud. Additional District Magistrate vide order dated 15.11.2007 passed an order on the petitioner's application to approach the Competent Court for cancellation of sale-deed, if any fraud is committed in grant of permission or
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....
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....
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 ....
Only the Gaon Sabha or Collector can challenge a sale deed involving ceiling land; a stranger lacks legal standing to do so.
The court affirmed that administrative decisions related to land mutation, when following due process, are not overridden by ongoing civil litigation regarding the same subject matter.
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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