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MANISH KUMAR NIGAM
Chandra Shekhar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Manish Kumar Nigam, J.
1. Heard Sri Ramesh Pundir, learned counsel for the petitioners, Shri Abhishek Shukla, learned Additional Chief Standing Counsel for the State Respondents and Sri Sunil Kumar Singh, learned counsel for Respondent No. 4.
2. The instant writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 12.08.2016 passed by the Additional Collector (Administration), Gautam Budh Nagar in Case No. 0506 of 2016, Computer Case No. 2016112700506 (State vs. Smt. Madhvi Maheshwari and others) under sections 166/167 U.P.Z.A. & L.R. Act, 1950 during the pendency of the instant writ petition (Annexure No.1 to this writ petition)."
3. Sri Ramesh Pundir, learned counsel for the petitioners submits that the property in dispute i.e. the subject matter of the sale deed dated 01.04.2008 and 17.03.2008 have been illegally vested in the State under the impugned orders passed by the Collector in proceedings under Section 167 of the U.P.Z.A. & L.R. Act, 1950 inasmuch as the orders are completely without jurisdiction in view of the law laid down by a Coordinate Bench of this Court in the Case
The Collector lacks jurisdiction to declare agricultural land transactions void; such authority is vested in the Assistant Collector First Class as per relevant sections of the U.P. Zamindari Aboliti....
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....
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.
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....
Implementation and execution of impugned order - It is a settled position of law that whenever there is a statutory remedy created by Statute, that has to be respected and High Court cannot usurp jur....
Deputy Collector could not have invoked suo motu jurisdiction after one year from the date of passing of any order passed by the Mamlatdar.
Only land transferred in violation of the law vests with the State, preserving the rights of the bhumidhar for other plots.
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