Saktoo vs Others

1. Heard Sri Saket Kumar Gupta, learned counsel for the petitioner and Sri Shiv Ganesh Singh, learned Additional CSC for the respondent - State.

2. By means of present writ petition, the petitioner has challenged the orders passed by respondent Nos.1 & 2 dated 02.09.2004 and 18.09.2002, whereby transfer of land was held to be illegal.

3. Factual matrix of the case is that the petitioner purchased the land No.142 area .101 hectare = 8 biswa of village Itaunja Pargana Mahona Tehsil Bakshi Ka Talab District Lucknow from its bhumidhar who is respondent No.3.

4. A report was called from Naib Tehsildar, who submitted the report on

19.10.2000 and proceeding under Section 166/167 of UPZA & LR Act was started. The petitioner filed his objection. Respondent No.2 passed an order on 18.09.2002, whereby the transaction by means of executing sale deed has been held to be illegal against which revision was filed by the petitioner and vide order dated 02.09.2004 the order passed by respondent No.2 on 18.09.2004 was affirmed. Challenging both the orders, the present writ petition has been filed.

5. On perusal of impugned order dated 18.09.2002, it is transpired that the transaction by means of executing sale deed was held to be illegal on the 2 WRIC No. 1000874 of 2005 ground that no prior permission was taken from the Assistant Collector. The order passed by respondent No.2 has been affirmed by recording finding that the transaction is illegal.

6. For deciding the controversy involved in the matter Section 157-AA OF U.P. Zamindari Abolition and Land Reforms Act, 1950 is being quoted below: "157-AA. Restrictions on transfer by member of Scheduled Castes be-coming Bhumidhar under Section 131-B.- (1) Notwithstanding anything contained in Section 157-A and without prejudice to the restrictions contained in Sections 153 to 157, no person belonging to Scheduled Caste having become a Bhumidhar with transferable rights under Section 131-B shall have the right to transfer the land by way of sale, gift, mortgage or lease to a person other than a person belonging to a Scheduled Caste and such transfer, if any, shall be in the following order of preference- (a) land less agricultural labourer: (h) 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 Clause (a) is not available then transfer may be made to a person referred to in (1) shall be made in order of preference given below. If a person referred to in Clause (b) of the said sub-section and if a person referred to in Clause (b) is also ast available then to a person referred to in Clause (c) of the said sub-section if a A person referred to in Clause (c) is also not available then to a person referred to 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 resi- 3 WRIC No. 1000874 of 2005 dent of any other village within the Panchayat area comprising the vil-lage 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 Inbe in the order of preference given in sub-sections (1) and (2). (4) No transfer under this sections shall be made except with the previous approval of the Assistant Collector concerned. [(5) A transferee of land under sub-section (1) shall have no right to transfer the land by way of sale, gift, mortgage or lease before the expiry of a period of ten years from the date of transfer in his favour.] Explanation For the purpose of this section, (1) 'agricultural labourer' means a person whose main source of livelihood is agricultural labour; (2) landless' means the transferee who or whose wife or husband, as the case may be, or minor children, and where the transferee is a minor, also his or her parents, hold no land as bhumidhar or asami and also hold no land as such within two years immediately preceding the date of transfer: (3) panchayat area' shall have the meaning assigned to it in the United Provinces Panchayat Raj Act, 1947; (4) 'marginal farmer' means a person residing in a village, who holds agri- cultural land not exceeding one hectare of unirrigated land and whose principal means of livelihood is income from agricultural land or by manual labour on such land and includes a person cultivating land as an asami or as a share-cropper; 4 WRIC No. 1000874 of 2005 (5) 'small farmer' means a person residing in a village, who holds unirri- gated land exceeding one hectare but not exceeding two hectares and whose principal source of livelihood is income from agricultural land or by manual labour on such land and includes a person cultivating land as an asami or as a share-cropper. Note. For the purposes of Clauses (4) and (5) of this explanation (a) One hectare of irrigated land shall be equated to two hectares of unirri- gated land; (b) 'irrigated land' and 'unirrigated land' shall have the meanings respec- tively assigned to them in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.]"

7. On perusal of sub Section (4) of the said Section, it is provided that no transfer under this section shall be made except with previous permission of Assistant Collector concerned.

8. It is not disputed that prior permission was not taken from the Assistant Collector prior to executing the sale deed to the petitioner.

9. In view of reasons recorded that no prior permission was taken prior to executing the sale deed to the petitioner, the impugned orders are just and valid.

10. Accordingly, no illegality has been committed by the respondents in passing the impugned orders.

11. The writ petition fails and is hereby dismissed. December 9, 2025 Adarsh K Singh (Irshad Ali,J.) ADARSH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Saket Kumar Gupta, learned counsel for the petitioner and Sri Shiv Ganesh Singh, learned Additional CSC for the respondent - State.

2. By means of present writ petition, the petitioner has challenged the orders passed by respondent Nos.1 & 2 dated 02.09.2004 and 18.09.2002, whereby transfer of land was held to be illegal.

3. Factual matrix of the case is that the petitioner purchased the land No.142 area .101 hectare = 8 biswa of village Itaunja Pargana Mahona Tehsil Bakshi Ka Talab District Lucknow from its bhumidhar who is respondent No.3.

4. A report was called from Naib Tehsildar, who submitted the report on

19.10.2000 and proceeding under Section 166/167 of UPZA & LR Act was started. The petitioner filed his objection. Respondent No.2 passed an order on 18.09.2002, whereby the transaction by means of executing sale deed has been held to be illegal against which revision was filed by the petitioner and vide order dated 02.09.2004 the order passed by respondent No.2 on 18.09.2004 was affirmed. Challenging both the orders, the present writ petition has been filed.

5. On perusal of impugned order dated 18.09.2002, it is transpired that the transaction by means of executing sale deed was held to be illegal on the 2 WRIC No. 1000874 of 2005 ground that no prior permission was taken from the Assistant Collector. The order passed by respondent No.2 has been affirmed by recording finding that the transaction is illegal.

6. For deciding the controversy involved in the matter Section 157-AA OF U.P. Zamindari Abolition and Land Reforms Act, 1950 is being quoted below: "157-AA. Restrictions on transfer by member of Scheduled Castes be-coming Bhumidhar under Section 131-B.- (1) Notwithstanding anything contained in Section 157-A and without prejudice to the restrictions contained in Sections 153 to 157, no person belonging to Scheduled Caste having become a Bhumidhar with transferable rights under Section 131-B shall have the right to transfer the land by way of sale, gift, mortgage or lease to a person other than a person belonging to a Scheduled Caste and such transfer, if any, shall be in the following order of preference- (a) land less agricultural labourer: (h) 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 Clause (a) is not available then transfer may be made to a person referred to in (1) shall be made in order of preference given below. If a person referred to in Clause (b) of the said sub-section and if a person referred to in Clause (b) is also ast available then to a person referred to in Clause (c) of the said sub-section if a A person referred to in Clause (c) is also not available then to a person referred to 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 resi- 3 WRIC No. 1000874 of 2005 dent of any other village within the Panchayat area comprising the vil-lage 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 Inbe in the order of preference given in sub-sections (1) and (2). (4) No transfer under this sections shall be made except with the previous approval of the Assistant Collector concerned. [(5) A transferee of land under sub-section (1) shall have no right to transfer the land by way of sale, gift, mortgage or lease before the expiry of a period of ten years from the date of transfer in his favour.] Explanation For the purpose of this section, (1) 'agricultural labourer' means a person whose main source of livelihood is agricultural labour; (2) landless' means the transferee who or whose wife or husband, as the case may be, or minor children, and where the transferee is a minor, also his or her parents, hold no land as bhumidhar or asami and also hold no land as such within two years immediately preceding the date of transfer: (3) panchayat area' shall have the meaning assigned to it in the United Provinces Panchayat Raj Act, 1947; (4) 'marginal farmer' means a person residing in a village, who holds agri- cultural land not exceeding one hectare of unirrigated land and whose principal means of livelihood is income from agricultural land or by manual labour on such land and includes a person cultivating land as an asami or as a share-cropper; 4 WRIC No. 1000874 of 2005 (5) 'small farmer' means a person residing in a village, who holds unirri- gated land exceeding one hectare but not exceeding two hectares and whose principal source of livelihood is income from agricultural land or by manual labour on such land and includes a person cultivating land as an asami or as a share-cropper. Note. For the purposes of Clauses (4) and (5) of this explanation (a) One hectare of irrigated land shall be equated to two hectares of unirri- gated land; (b) 'irrigated land' and 'unirrigated land' shall have the meanings respec- tively assigned to them in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.]"

7. On perusal of sub Section (4) of the said Section, it is provided that no transfer under this section shall be made except with previous permission of Assistant Collector concerned.

8. It is not disputed that prior permission was not taken from the Assistant Collector prior to executing the sale deed to the petitioner.

9. In view of reasons recorded that no prior permission was taken prior to executing the sale deed to the petitioner, the impugned orders are just and valid.

10. Accordingly, no illegality has been committed by the respondents in passing the impugned orders.

11. The writ petition fails and is hereby dismissed. December 9, 2025 Adarsh K Singh (Irshad Ali,J.) ADARSH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench