Court No. - 49

Case :- WRIT - C No. - 55236 of 2012

Petitioner :- Ram Das

Respondent :- State Of U.P. And Others

Counsel for Petitioner :- Ajendra Kumar,Ajendra Kumar

Counsel for Respondent :- C.S.C.,D.D. Chauhan

Hon'ble Ajit Kumar,J.

Heard learned counsels for the parties.

The legal issue involved in the present petition centres

around the impact of trnasfer of bhoomidhari land by way

of gift deed if so hit by Section 168-A of the U.P. Land

Revenue Act as it did exist on the statute on the said date

of transfer; will it result in transfer to be rendered void

vesting the land with the State by operation of law or

would revert back to the petitioner if his name has

continued in revenue records by virtue of repeal of very

Section (168-A) from the statute and enactment of the

Special Provisions titled as "U.P. Zamidari Abolition and

Land Reforms Special Provision Act, 2010".

The factual background of the case is that the petitioner

transferred a part of his bhoomidari in plot no. 1526 by

way of gift deed executed on 11.3.2003 in favour of 5th

respondent an institution standing in the name of

petitioner's father. However, soon realizing the legal

position of law of fragmentation as would be known in

common parlance, the petitioner filed a suit for

cancellation of the gift deed and the suit was decreed in

terms of the compromise entered between the parties on

3rd February, 2004 and the gift deed was accordingly

cancelled.

It is admitted to the parties that the name of the petitioner

has continued to be recorded as a bhoomidhari in respect

of his plot in question even today and, therefore, the

petitioner craves leave for the benefit of the Special

Provision of the Act of 2010 which is reproduced along

with aims and object as under:

" An Act to make special provision in relation to the Uttar

Pradesh Zamindari Abilition and Land Reforms Act, 1950.

It is hereby enacted in the Sixty First Year of the Republic

of India as follows:-

1. Short title- This Act may be called the Uttar Pradesh

Zamindari Abolition and Land Reforms (Special

Provision) Act, 2010.

Object & Reasons6

Statement of Objects and Reasons - With a view to

providing opportunity of validation, in any transfer of such

fragment as had become void under Section 168-A of the

Uttar Pradesh Zamindari Abolition and Land Reforms

Act, 1950 as it stood before the commencement of the

Uttar Pradesh Zamindari Abolition and Land Reforms

(Amendment) Act, 2004 (U.P. Act No. 27 of 2004) and had

not been entered in revenue records in favour of the State

Government, it has been decided to make a law to provide

form making special provision in relation to the Uttar

Pradesh Zamindari Abolition and Land Reforms Act, 1950

(U.P. Act No. 1 of 1951).

The Uttar Pradesh Zamindari Abolition and Land Reforms

(Special Provision) Bill, 2010 is introduced accordingly.

2. Special provision in relation to U.P. Act No. 1 of 1951-

It is hereby declared that any transfer of such fragment as

had become void under Section 168-A of the Uttar

Pradesh Zamindari Abolition and Land Reforms Act, 1950

as it stood before the commencement of the Uttar Pradesh

Zamindari Abolition and Land Reforms (Amendment) Act,

2004 (U.P. Act No. 27 of 2004) and had not divested and

any person may get such transfer validated by depositing

such fee and within such time and in such manner as may

be notified by the State Government."

Provided that, this special provision shall cease to be in

force after expiry of two years from the date of

commencement of this Act.

As the name of the petitioner continues to be recorded and

he is in possession of land, the provision quoted above

would certainly come to his rescue.

In view of the above factual and legal position the writ

petition deserves to be allowed and the orders dated

15.2.2007 passed by the Additional Collector,

Eta( Annexure-5) to the writ petition and the order dated

19.6.2012