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Neutral Citation No. - 2025:AHC:145118 Court No. - 34 Case :- WRIT - C No. - 12337 of 2025 Petitioner :- Chandra Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Daya Shanker Pandey Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. The land in question was originally allotted in favour of one Devi Sharan who after becoming bhumidhar with transferable rights had sold the property to Chitar Singh, respondent no. 4. Devi Saran belongs to Scheduled Castes community who did not apply under Section 157A of U.P. Z.A. and L.R. Act, 1950 for seeking permission from Collector for transferring the land to person belonging outside the Scheduled Castes category. Respondent no. 4, thereafter, executed a sale-deed in favour of petitioner. During mutation proceedings, revenue authorities brought this fact to the notice of the higher officials on which proceedings under Section 166/167 of U.P. Z.A. and L.R. Act was initiated and the mutation application of the petitioner was cancelled and the order was passed vesting the land in State. Revision was filed which was dismissed on 15.07.2010. The present writ petition has been filed with the delay of 15 years in the year 2025.
2. After hearing learned counsel for the parties and perusing the material on record, this Court finds that no interference can be made under Article 226 of Constitution of India as the mandatory permission under Section 157A of U.P. Z.A. and L.R. Act was not taken prior to the sale of land by Devi Sharan in favour of respondent no. 4, Chitar Singh. The said transfer is barred by provisions of Section 157(AA) of U.P. Z.A. and L.R. Act. Subsequent sale in favour of petitioner is against the provisions of the Act.
3. No case for interference is made out.
4. Writ petition is misconceived and stands dismissed. Order Date :- 22.8.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad