Biram Singh v. State Of Uttarakhand Through Collector Dehradun

Judgment

1. Petitioner purchased a piece of land from respondent no. 4 – Vijay Singh on 24.04.2000. The said land was allotted to respondent no. 4, under the provisions of UP Zamidari Abolition and Land Reforms Act, 1960 (in short “UPZA&LR Act”), on 31.08.1994. As the conditions of allotment, land was Bhumidhari with non-transferable right and transferable right would be conferred upon the petitioner upon completion of ten years from the date of allotment as contemplated under Section 131-B of UPZA&LR Act.

2. Since Vijay Singh transferred the land before completion of ten years, while he had no right to make 1 such transfer, therefore, the proceedings were initiated against the petitioner under Section 166/167 of UPZA&LR Act and the Assistant Collector 1st Class, Dehradun passed an order on 01.12.2003, whereby the land in question was vested in State Government in exercise of power under Section 167 of UPZA&LR Act.

Petitioner challenged the said order in a revision before Additional Commissioner, which was dismissed vide order dated 14.09.2012. Petitioner thereafter filed a review petition before the Additional Commissioner, which was also dismissed on 28.03.2013. Challenging these orders passed by Assistant Collector and Additional Commissioner, petitioner has approached this Court.

3. Section 166/167 of UPZA&LR Act, which were invoked by Assistant Collector for initiating proceedings against the petitioner in respect of land in question, are extracted below:- “166. Every transfer made provisions of this Act, shall be void.] in contravention of the

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; (b) the trees, crops and wells existing on the land on the date of transfer shall, with effect from the said date, be deemed to have vested in the State Government free from all encumbrances; and (c) the transferee may remove other moveable property or the materials of any immovable property existing on such land on the date of transfer within such time as may be prescribed. (2) Where any land or other property has vested in the State Government under sub-section (1), it shall be lawful for the Collector to take over possession over such land or other property and to direct that any person occupying such 2 land or property be evicted therefrom. For the purposes of taking over such possession or evicting such unauthorised occupants, the Collector may use or cause to be used such force as may be necessary.]”

4. Section 131-B of UPZA&LR Act deals with Bhumidhar with non-transferable rights, which reads as under:- “131-B. Bhumidhar with non-transferable rights to become bhumidhar with transferable rights after ten (1) Every person who was a bhumidhar with non- transferable rights immediately before the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act. 1995 and had been such bhumidhar for a period of ten years or more, shall become a bhumidhar with transferable rights on such commencement. Every person who (2) is a bhumidhar with non- transferable rights on the commencement referred to in sub-section (1) or becomes a bhumidhar with non- transferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of period of ten years from his becoming a bhumidhar with non- transferable rights. (3) Notwithstanding anything contained in any other provision of this Act, if a person, after becoming a bhumidhar with transferable rights under sub-section (1) or sub-section (2). Transfers the land by way of sale, he shall become ineligible for a lease of any land vested in Gaon Sabha or the State Government or of surplus land as defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.]”

5. Section 152 provides that Bhumidhari interest shall be transferable subject to certain conditions mentioned therein. Sub-Section (2) of Section 152 ordains that the interest of bhumidhar with non-transferable rights shall not be transferable unless otherwise expressly permitted by the Act or any other law for the time being in force.

6. Admittedly, Vijay Singh (respondent no. 4), from whom petitioner purchased the land in question, 3 was having non-transferable right at the time of execution of sale deed; thus, in view of provision contained in Section 152(2) of UPZA&LR Act, transfer made by him favour of petitioner was contravention of provision contained in UPZA&LR Act. As a corollary to this, Section 166 of UPZA&LR Act is attracted which makes every transfer in contravention of provision of the Act void, therefore, by virtue of Section 167 of UPZA&LR Act, the land in question stands vested in the State Government.

7. Learned counsel for the petitioner submitted that petitioner made due diligence before purchasing the land and when it was found that name of Vijay Singh is recorded as Bhumidhar with transferable right in the Khautani, only then petitioner purchased the land after paying consideration, thus, he contends that petitioner is a bona fide purchaser.

8. Per contra, learned State Counsel submits that it was incumbent upon the petitioner to trace the title of the vendor and since in the allotment order, it is specifically mentioned that the right, which Vijay Singh will have, is non-transferable, therefore, petitioner should have not purchased the land.

9. This Court finds substance in the submission made by learned State Counsel. Since there is Statutory bar against transfer of a land by Bhumidhar with non-transferable right, therefore, the transfer made by respondent no. 4 is in violation of the 4 provisions of UPZA&LR Act, thus consequences mentioned in Section 167 of UPZA&LR Act ensue.

10. In such view of the matter, order passed by Assistant Collector, as affirmed by Additional Commissioner cannot be faulted. There is no scope of interference.

11. Accordingly, the writ petition fails and is dismissed. No order as to costs. Aswal (Manoj Kumar Tiwari, J) 13.02.2025 5