HI GH COURT OF UTTARAKHAND AT NAI NI TAL Writ Petition Misc. Single No. 600 of 2025

01 MAY, 2025 Rajkumar --Petitioner Versus State of Uttarakhand and others --Respondents -------------------------------------------------------------------

Presence:-

Mr. T.A. Khan, learned Senior Counsel, assisted by Mohd Shafy Advocate for the petitioners.

Mr. Yogesh Chandra Tiwari, Standing Counsel for the State of Uttarakhand/ respondent nos. 1 to 5.

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JUDGMENT

1. In this petition, filed under Article 227 of the Constitution, petitioner has challenged the judgments and orders passed by District Magistrate, Udham Singh Nagar; Commissioner, Kumaon Division and Board of Revenue. The impugned judgments are on record as Annexure nos. 1, 2 & 3, respectively.

2. By the judgment dated 18.01.2016, passed by District Magistrate, Udham Singh Nagar, 0.1290 hectare land, comprised in Khasra no. 134, situate in Village Bahadurpur, Tehsil Jaspur, District Udham Singh Nagar, was vested in State Government, by invoking Section 167 of U.P Zamindari Abolition and Land Reforms Act, 1950 (in short “UPAZ&LR Act”), for transferring the said land in violation of provision contained in Section 157-A of the said Act.

3. Sections 157-A, 166 & 167(1) of UPAZ&LR Act, which are relevant in the present case, are reproduced below:-

“157A. Restrictions on transfer of land by members of Scheduled Castes [Substituted by U.P. Act No. 20 of

1982 (w.e.f. 03.06.1981).]

(1) Without prejudice to the restrictions contained in Sections 153 to 157, no bhumidhar or asami belonging to a Scheduled Caste shall have the right to transfer any land by way of sale, gift, mortgage or lease to a person not belonging to a Scheduled Caste, except with the previous approval of the Collector:

Provided that no such approval shall be given by the Collector in case where the land held in Uttar Pradesh by the transfer on the date of application under this section is less than 1.26 hectares or where the area of land so held in Uttar Pradesh by the transferor on the said date is after such transfer, likely to be reduced to less than 1.26 hectares.

(2) The Collector shall, on an application made in that behalf in the prescribed manner, make such inquiry as may be prescribed.]

166. Every transfer made in contravention of the provisions of this Act, shall be void.

167.(1) The following consequences shall ensue in respect of every transfer which is void by virtue of Section 166, namely-

(a) the subject-matter of transfer shall with effect from the date of transfer, be deemed to have vested in the State Government free from all encumbrances.”

4. Pursuant to the notice issued to him by District Magistrate, Udham Singh Nagar, petitioner submitted his reply in which he admitted that he had transferred the land in question to a person not belonging to Scheduled Caste, however, he offered an explanation that at the time of transfer, he was not aware that the transferee does not belong to Scheduled Caste. He further contended that the sale deed dated 13.07.2011, made by him in favour of Smt. Nirdesh Kumari, was cancelled vide judgment dated 22.11.2014 by Civil Judge (J.D.), Kashipur, District Udham Singh Nagar in Civil Suit No. 222 of 2014.

5. The transferee (Smt. Nirdesh Kumari) also filed reply to the notice issued by District Magistrate in which she stated that she was not aware while purchasing the land that petitioner belongs to Scheduled Caste and the sale deed, executed in her favour by the petitioner, was cancelled by learned Civil Judge (J.D), Kashipur vide judgment dated 22.11.2014. Thus, the transferee also supported the case of petitioner.

6. Learned District Magistrate disbelieved the version of petitioner and transferee, that they were not aware about the ‘caste status’ of each other, on the ground that both of them are residing in the same area. The Collector further held that the sale deed executed by petitioner was cancelled by filing a collusive sui