The transfer of land without prior approval under Section 157-AA of the Zamindari Abolition and Land Reforms Act is void-ab-initio.

JUDGMENT :

Heard learned counsel for the parties.

2. By means of this writ petition, the petitioner has challenged the judgment and order dated 28.11.2023 passed by the Board of Revenue (Annexure No.11 to the writ petition) whereby the Review Petition No.01 of 2022-23 Levin Kumar vs. State of Uttarakhand was dismissed by the Full Bench of Board of Revenue against the judgment and order passed by the Board of Revenue dated 01.09.2023 in Revision No.14 of 2022-23 Levin Kumar vs. State of Uttarakhand as well as the order dated 16.02.2023 passed by the Additional Collector (Finance and Revenue), Haridwar (Annexure No.7 to the writ petition) whereby the Case No.19 of 2021-22 State vs. Levin Kumar and others was allowed.

3. The facts of the case as reflected from the pleadings are that Levin Kumar has purchased a land comprising in Khatauni Khata No.414ga area admeasuring 0.0078 hectare, Khasra No.415 Kha admeasuring 0.0330 hectare, Khasra No.425Ka admeasuring 0.0434 hectare, Khasra No.426Ka admeasuring 0.0961 hectare, total 0.1803 hectare and Khasra No.361Ga, admeasuring 0.273 hectare of village Raulahedi from Mamchand by way of a sale deed dated 10.09.2007. The petitioner belongs to general category while seller of the land Manchand was belonging to scheduled caste. Since the land was allotted to Manchand on Patta on 27.01.1976 and later on under Section 131B of the The Uttarakhand Zamindari Abolition and Land Reforms Act, 1950, as amended (hereinafter referred to as the Act) he became bhumidhar with Transferable Rights.

4. According to the provisions contained under Section 157-AA, no person belonging to schedule caste, who has become bhumidhar under Section 131B of the Act, can transfer the said land to any person without previous approval of the Assistant Collector concerned. Section 157-AA of the Act is quoted below:-

“157-AA. Restrictions on transfer by member of Scheduled Castes becoming bhumidhar under Section 131-B- (1) Notwithstanding anything contained in Section 157-A and without prejudice to the restrictions contained in Section 157 to 158, no person belonging to Scheduled Caste having become a Bhumidhar with transferable rights under Section 131B shall have the right to transfer the land by way of sale, gift, mortgage or lease to a person other than a person belonging to a Scheduled Caste and such transfer. if any shall be in the following order of p preference-

(a) land less, agricultural labourer;

(b) marginal farmer;

(c) small farmer; and

(d) a person other than a person referred to in Clauses (a), (b) and (c).

(2) A transfer in favour of a person referred to in Clause (a) of sub- section (1) shall be made in order of preference given below. If a person referred to in Clause (a) is not available then transfer may be made to person referred to in Clause (b) of the said sub-section and if a person referred to in Clause (b) is also not available then to a person referred to in Clause (c) of the said sub-section if a person referred to in Clause (c) is also not available then to a person referred to in Clause (d) of the said sub-section in the same order of preference :-

(a) first, to the resident of the village where the land is situate;

(b) secondly, if no person referred to in Clause (a) is available, to the resident of any other village within the Panchayat area comprising the village where the land is situate;

(c) thirdly, if no person referred to in Clauses (a) and (b) is available to the resident of a village adjoining the Panchayat area comprising the village where the land is situate.

(3) if no person referred to in sub-section (1) belonging to a Scheduled Caste is available, the land may be transferred to a person belonging to a Scheduled Tribe in the order of preference given in sub-sections (1) and (2).

(4) No transfer under this section shall be made except with the previous, approval of the Assistant Collector conce