SIDDHARTHA VARMA,J. - (1.) The land of Khasra no. 107/2, area 0.165 hectares situate in village Haroda, District - Saharanpur, was allotted to the father of the petitioner Late Bundu under section 27 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960(hereinafter referred to as 'the Act'), after the same was declared as a surplus holding of another tenure holder. The petitioners on 24.4.2006 sold the property in question to the respondent no. 5 and 6 by means of a registered sale deed. However, the respondent no. 5 and 6 were put to notice by the Additional Collector Saharanpur that the sale deed by which they had purchased the Plot No. 107/2 was void and, therefore, no title accrued to them. In response to the notice, the respondents replied but by the order dated 29.2.2007, the sale was cancelled as it was found violative of Section 131 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 (hereinafter referred to as 'the U.P.Z.A. and L.R. Act). As per the Sections 166 and 167 of the U.P.Z.A. and L.R. Act, it was held that the land had vested in the State Government.
(2.) The petitioners who were sellers were thereafter being pestered by the purchasers as they were asking for the return of the sale consideration. This necessitated the petitioners to file a Revision, which was decided ex parte on 5.7.2007. Thereafter, the recall application was also dismissed on 10.9.2007. Aggrieved thereof, the petitioners have filed the instant writ petition.
(3.) The contention of the petitioners is that after the petitioners' father was given the patta of the surplus land on 14.7.1976 then on 1.7.1981, the predecessor in interest of the petitioners i.e. their father became a bhumidhar with non-transferable rights. Section 131 of the U.P.Z.A. and L.R. Act, 1950 was read out by the petitioner. It is, therefore, being being reproduced here as under:- "Section 131. Bhumidhar with non-transferable rights. Every person belonging to any of the following classes shall be called a bhumidhar with non-transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhars by or under this Act, namely, - (a) every person admitted as a sirdar of any land under section 195 before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977 or as a bhumidhar with non-transferable rights under the said section on or after the said date; (b) every person who is any other manner acquires on or after the said date, the rights of such bhumidhar under or in accordance with the provisions of this Act; (c) every person who is, or has been allotted any land under the provisions of the Uttar Pradesh Bhoodan Yagna Act, 1952. (d) with effect from July 1, 1981 every person with whom surplus land is or has been settled under section 26-A or sub-section (3) of Section 27 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.";