RAM SURAT RAM,J. - (1.) Heard Sri Santosh Kumar Srivastava for the petitioner and Sri Abhishek Shukla, Standing Counsel for State of UP.
(2.) The writ petition has been filed against the order of Additional Collector dated 11.5.2016 by which in the proceeding under Section 166/167 of UP Z.A. and L. R. Act, 1950, the Additional Collector found that sale deed dated 15.5.2015 of the disputed land was executed in violation of Section 157 AA of UP Act No. 1 of 1951 (hereinafter referred to as the 'Act') as such it is void and land vested in State of UP under Section 167 of the aforesaid Act and the order of Additional Commissioner dated 2.2.2017 dismissing the revision of the petitioner against the aforesaid order.
(3.) The counsel for the petitioner submits that predecessor of the transferor were granted right of the disputed land under Section 122 B (4F). After expiry of 10 years they acquired bhumidhar with transferable right according to the provisions of Section 131 B of the Act. Total area of disputed land was 525 sq. yard equivalent to 438.95 sq. meter. The entire land situated in the middle of abadi and the land itself was in the shape of abadi inasmuch as boundary wall was constructed and one room was also constructed and remaining land was used for other residential purposes which has been mentioned in the sale deed. Thus the provisions of Section 157 AA will not apply in the matter. No notice to the transferor has been issued. The petitioner was not given proper opportunity to contest the matter inasmuch as the petitioner put appearance before the court below on 12.2.2016 while the impugned order was passed on 11.5.2016, i.e. within three months of the appearance of the petitioner. The impugned order is illegal and liable to be set aside.;