The court upheld the validity of the U.P. Land Tenures (Regulation of Transfers) (Re-enactment and Validation) Act, 1972 and declared the lease deed void under Section 8 of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

Prafulla C. Pant, J.

By means of this writ petition, moved under Article 226 of the Constitution of India, the petitioners have sought writ in the nature of certiorari, quashing the order dated 27.10.1983 (copy Annexure –10 to the writ petition), passed by Addl. District Judge (Special Judge, Anti Corruption), Dehradun, whereby said court has allowed Misc. Civil Appeal No. 67 of 1967. The impugned order appears to have been passed under Section 17 / 18 of the Indian Forest Act, 1927. The petitioners have also challenged vires of U.P. Land Tenures (Regulation of Transfers) (Re-enactment and Validation) Act, 1972 (U.P. Act No. 12 of 1972).

2. Heard learned counsel for the parties at length and perused the papers on record.

3. Brief facts of the case, as narrated in the writ petition, are that the then Maharaja of Nahan (Sirmour Estate) namely Sir Rajendra Prakash, owned and possessed various properties in District Dehradun, including the land situated in Village Asharori, measuring 1281.74 acres, pertaining to Khewat No. 1, Mahal 8. Said land was a forest land. The Maharaja vide agreement dated 25.01.1951 (copy Annexure –A) transferred the land to the petitioner Mahendra Lal Jaini (since deceased) and Virendra Goyal (adjudged Benamidar) on lease with perpetual, heritable and transferable rights, in respect of 1069 acres of said forest land. It is pleaded by the petitioners that for transfer of lease rights the petitioners agreed to pay Rs. 64,000/- in addition to annual rent of Rs. 2,200/-. According to the petitioner, possession was transferred on the very day i.e. 25.01.1951 to the lessee. Thereafter, vide deed dated 14th June 1952 (copy Annexure –B) the Maharaja executed a registered lease-cum-sale deed through his Sub Attorney Durga Ram Agarwal in favour of petitioner Mahendra Lal Jaini (since deceased) and Virendra Goyal (adjudged Benamidar) in respect of aforesaid land measuring 1069 acres. It is stated in the writ petition that by moving mutation application on 14.06.1952, revenue authorities were informed of the transaction. By a communication dated 17.06.1952, Divisional Forest Officer, Dehradun (present respondent No. 4) was also informed of the transaction. However, on 23rd of June 1952, U.P. Land Tenures (Regulation of Transfers) Act, 1952 (U.P. Act No. 15 of 1952) was gazetted (copy Annexure –C) declaring aforesaid lease / sale and other similar transfers null and void, and declaring lessee as trespasser under Section 180 of the U.P. Tenancy Act, 1939. On first of July 1952, a notification was issued, whereby U.P. Zamindari Abolition and Land Reforms Act, 1950, came into force, and all rights and interests of Maharaja (an intermediary) came to an end and vested in the State (present respondent No. 3). On 5th of July 1952, the City Magistrate, Tehsildar and the District Forest Officer, Dehradun, came at the spot and stopped the lessee from felling trees and removing the same. Against which the petitioner made a representation to the Collector, Dehradun. On 15th of July 1952, City Magistrate, Dehradun, informed the petitioner that lease-cum-sale deeds in favour of Mahendra Lal Jaini were null and void, as per the provisions contained in U.P. Land Tenures (Regulation of Transfers) Act, 1952 (Act No. 15 of 1952), and directed to maintain status quo (copy of said communication is Annexure –D). Mahendra Lal Jaini (since deceased) filed a writ petition No. 668 of 1952 before the High Court of Judicature at Allahabad, which was admitted by said court on 05.12.1952. It is pleaded by the petitioner that Allahabad High Court vide its interim order in said petition, restrained the opposite parties from interfering with the possession of the writ petitioner, and directed the parties to maintain status quo. On 15th of February 1955, petitioner requested the Collector, Dehradun, to permit him to carry out clearing operations in the forest land, on which the Collector informed that the mat