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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Pankaj Purohit, J.
Levin Kumar - Petitioner
Versus
State of Uttarakhand and another - Respondents
Writ Petition (M/S) No. 3503 of 2023
Decided On : 08-01-2024
(A) The Uttarakhand Zamindari Abolition and Land Reforms Act, 1950 - Section 157-AA - Transfer of land by Scheduled Caste bhumidhar without approval - Transfer was void-ab-initio as it lacked necessary approval from the Assistant Collector - The petitioner, being an illegal occupant, cannot claim benefits under the Act. (Paras 4, 11, 12)
(B) Limitation for ejectment - The proceedings initiated by the State were time-barred as they were filed 9 years post-transfer, but the transfer was void due to lack of approval. (Paras 8, 10)
Facts of the case:
The petitioner purchased land from sellers who were also from Scheduled Caste without obtaining necessary approval from the Assistant Collector, leading to the State's application for reversion of the land.
Findings of Court:
The transfer was deemed void-ab-initio, and the petitioner was not entitled to the benefits of the Act.
Issues: Whether the transfer was valid without approval and the applicability of limitation for ejectment.
Ratio Decidendi: The court held that the transfer was void due to lack of approval, and the petitioner could not claim benefits under the Act.
Result: Writ petition dismissed.
JUDGMENT :
Pankaj Purohit, J.
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 (Full Bench) Dehradun (Annexed as Annexure No. 8 to the writ petition), whereby, Review Petition No.02 of 2022-23, Levin Kumar v. State of Uttarakhand, was dismissed by the Full Bench of Board of Revenue, Dehradun, against the judgment and order passed by the Board of Revenue dated 01.09.2023 in Revision No.13 of 2022-23, Levin Kumar v. State of Uttarakhand, as well as the order dated 16.02.2023 passed by the Additional Collector (Finance and Revenue), Haridwar (Annexure No.4 to the writ petition) whereby the Case No.5 of 2021-22, State v. 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.415Kha 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 0.2730 hectare of village Raulahedi from Guddu and Suraj Pal s/o Hari Ram, by way of a sale deed dated 27.07.2013. The petitioner belongs to scheduled caste while seller of the land Guddu and Suraj Pal s/o Hari Ram were belonging to scheduled caste. Since the land was allotted to Hari Ram 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:-
(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 t
A transfer of land by a Scheduled Caste bhumidhar without prior approval from the Assistant Collector is void-ab-initio, and the petitioner cannot claim benefits under the Act.
A decision by an authority exercising discretionary power under a statute must be arrived at by taking into account the relevant considerations and eschewing the irrelevant considerations, in the abs....
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.
The judgment established that the issuance and extension of Patta, as well as the fulfillment of conditions for land ownership, are crucial in determining the rights of the petitioner.
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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