Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for parties. Petitioner purchased some agricultural land through sale -deed dated 4.9.2000. Proceedings were initiated against him under section 166/167/168 -A of U.P.Z.A. & L.R. Act in the form of Case No. 36 of 2001, State v. Ajay Pal on the ground that the sale -deed through which he had purchased the agricultural land was hit by section 168 -A of the Act, which prohibited transfer of fragment. The matter was decided ex parte against the petitioner on 26.5.2001. The decision was ex parte hence petitioner filed restoration application on 13.6.2001 i.e. within three weeks. Restoration application was rejected by A.D.M. (Administration), Bulandshahar on 17.12.2005. Against the said order and the order dated 26.5.2001 petitioner filed two revisions being Revisions No. 17 & 18, both of 2005 -06. Additional Commissioner, Meerut Division, Meerut through judgment and order dated 19.9.2006 dismissed both the revisions hence this writ petition.
(2.) IN the judgment of the Revisional Court it is mentioned that for getting the benefit of deletion of section 168 -A of U.P.Z.A. & L.R. Act by U.P. Act No. 27 of 2004, petitioner had deposited the requisite amount of Rs. 600/ - on 28.9.2005 for validation of the deed. The Trial Court did not say single word about it. The Revisional Court held that property had already vested in the State Government through order dated 26.5.2001, hence there was no question of validation of transfer. First of all the order dated 17.12.2005 refusing to restore the case is utterly illegal. The restoration application had been filed within three weeks and ground of illness had been taken. The A.D.M. held that on earlier dates petitioner was present hence allegation that on 26.5.2001 he was ill was not correct. It is a ridiculous view. If on a particular date one is quite healthy it does not mean that he will never fall ill thereafter.
(3.) SECTION 11 termed as Special Provisions of U.P. Zamindari Abolition and Land Reforms (Amendment) Act, 2004 (U.P. Act No. 27 of 2004) which received the assent of the Governor on 20.8.2004 and published in the U.P. Gazette dated 23.8.2004 is quoted below: "11. Special Prolusions. - -It is hereby declared that any transfer of a fragment which had become void under section 168 -A as it stood before the commencement of this Act shall be deemed to have been voidable 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 the above provisions shall ceased to be in force after expiry of one year from the date of commencement of this Act.";