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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Deepak Madhok – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT :
CHANDRA KUMAR RAI, J.
1. Heard Mr. Ajay Kumar Singh, learned counsel for the petitioners and Mr. Abhishek Kumar Srivastava, learned Additional Chief Standing Counsel for the State-respondents.
2. Brief facts of the case are that property in question was recorded in the name of Smt. Saranga Devi, Ranjeet, Sanjeet, Jagjeet and Smt. Jamuna Devi. Smt. Saranga Devi and others transferred their 1/2 share of the property in question in favour of Dr. Amrit Lal Ishrat (father of petitioner no.1) and Smt. Bharti Madhok (petitioner no.2) through registered sale deed dated 23.6.1988. Smt. Jamuna Devi executed an agreement to sale in respect to her 1/2 share in favour of Smt. D-Ishrat. The proceedings under Section 122 -B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "U.P.Z.A. & L.R. Act") was initiated against Smt. Bharti Madhok and others which was decided vide order dated 11.3.1991 for ejectment and damages. Petitioner no.2/ Bharti Madhok filed revision against the order dated 11.3.1991 which was admitted but no interim order was granted, accordingly, writ petition was filed before this Court which was disposed of vide order dated 25.3.1991 direct
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 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....
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 held that interim relief should be granted in land disputes pending regularization, emphasizing that statutory rights are to be protected until final determination.
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 court affirmed the entitlement of the petitioner to Bhumidhar rights under the U.P.Z.A. & L.R. Act, emphasizing the importance of recognizing statutory protections for marginalized community memb....
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