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SHREE PRAKASH SINGH
Narsingh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Shree Prakash Singh, J.
Heard Sri Manendra Nath Rai, learned counsel for the petitioners, Sri Hemant Pandey, learned Standing Counsel for the State and perused the material placed on record.
2. By means of the instant petition, the petitioner has assailed the order dated 27.01.2006 passed by the respondent no. 2 and the order dated 30.11.2007 passed by the respondent no. 4.
3. Contention of the learned counsel for the petitioner is that, initially the petitioner purchased the land in question by way of registered sale-deed, which thereafter was recorded in the name of the petitioner vide order dated 17 January 2001 passed by Tahsildar, Dhorara in Case No. 428 of 2001. He submits that a stranger challenged the aforesaid order dated 17 January 2001 before the Special Divisional Officer by way of instituting an appeal which was decided by the order dated 29 March 2001 and the order passed by the Tahsildar dated 17 January 2001 was set aside and the matter was referred for further proceeding, invoking the powers under Section 167 of the UP Zamindari Abolition and Land Reforms Act, 1950 (hereinafter as 'the Act, 1950'). The petitioner moved a revision bearing No. 1794 of 2001-200
Transfer of a share in land is distinct from fragmentation; statutory clarifications in the U.P Zamindari Abolition and Land Reforms Act establish this legal distinction.
The agreement to sell did not transfer the land, and the deletion of Section 168-A removed any legal impediment to executing the sale deed.
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....
The court ruled that land transfer injunctions under the U.P. Zamindari Abolition and Land Reforms Act do not apply where the area is not consolidated, especially after the cancellation of relevant n....
Point of Law : whether a particular land is a land which is of agricultural nature as is defined under Section 3(14) of the Act of 1950 or whether it was an abadi and when there was no declaration un....
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
Transfer of possession without the transfer of holding does not constitute a sale under Section 164 of the U.P. Zamindari Abolition and Land Reforms Act.
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