Uttarakhand High Court
3 February vs State Of Uttarakhand Through Collector ... on 13 February, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:909 2020:UHC:10077
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 1410 of 2013
13 February, 2025
Biram Singh
--Petitioner
Versus
State Of Uttarakhand Through Collector Dehradun
2: Additional Commissioner
3: Assistant Commisstioner
4: Vijay Singh
--Respondent
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Presence:-
Mr. K.S. Jagati, Advocate for the petitioner.
Mr. Yogesh Chandra Tewari, learned Standing Counsel for the
State of Uttarakhand.
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Hon'ble Manoj Kumar Tiwari, J.
1. Pet it ioner pur chased a piece of land fr om r espondent no. 4 - Vij ay Singh on 24.04.2000. The said land w as allot t ed t o respondent no. 4, under t he pr ovisions of UP Zam idari Abolit ion and Land Refor m s Act , 1960 ( in shor t " UPZA&LR Act " ) , on 31.08.1994. As per t he condit ions of allot m ent , t he land w as Bhum idhari wit h non- t r ansfer able right and t he t r ansfer able right w ould be confer red upon t he pet it ioner upon com plet ion of t en year s fr om t he dat e of allot m ent as cont em plat ed under Sect ion 131- B of UPZA&LR Act .
2. Since Vij ay Singh t r ansferr ed t he land before com plet ion of t en year s, w hile he had no r ight t o m ake 1 2025:UHC:909 2020:UHC:10077 such t r ansfer, t her efor e, t he pr oceedings w ere init iat ed against t he pet it ioner under Sect ion 166/ 167 of UPZA&LR Act and t he Assist ant Collect or 1 st Class, Dehr adun passed an or der on 01.12.2003, w her eby t he land in quest ion w as vest ed in St at e Gover nm ent in exer cise of power under Sect ion 167 of UPZA&LR Act . Pet it ioner challenged t he said order in a r evision befor e Addit ional Com m issioner, w hich w as dism issed vide or der dat ed 14.09.2012. Pet it ioner t her eaft er filed a r eview pet it ion before t he Addit ional Com m issioner, w hich w as also dism issed on 28.03.2013. Challenging t hese or der s passed by Assist ant Collect or and Addit ional Com m issioner, pet it ioner has approached t his Cour t .
3. Sect ion 166/ 167 of UPZA&LR Act , w hich were invoked by Assist ant Collect or for init iat ing proceedings against t he pet it ioner in r espect of land in quest ion, ar e ext r act ed below : -
" 1 6 6 . Ever y t r ansfer m ade in cont r avent ion of t he pr ovisions of t his Act , shall be void.] 1 6 7 . ( 1) The follow ing consequences shall ensue in r espect of ever y t r ansfer w hich is void by v ir t ue of Sect ion 166, nam ely: -
( a) t he subj ect - m at t er of t r ansfer shall w it h effect fr om t he dat e of t r ansfer , be deem ed t o have vest ed in t he St at e Gover nm ent fr ee from all encum br ances; ( b) t he t r ees, cr ops and w ells exist ing on t he land on t he dat e of t r ansfer shall, w it h effect fr om t he said dat e, be deem ed t o have vest ed in t he St at e Gover nm ent fr ee fr om all encum br ances; and ( c) t he t r ansfer ee m ay r em ove ot her m oveable pr oper t y or t he m at er ials of any im m ovable pr oper t y exist ing on such land on t he dat e of t r ansfer w it hin such t im e as m ay be pr escr ibed.
( 2) Wher e any land or ot her pr oper t y has vest ed in t he St at e Gover nm ent under sub- sect ion ( 1) , it shall be law ful for t he Collect or t o t ake over possession over such land or ot her pr oper t y and t o dir ect t hat any per son occupying such 2 2025:UHC:909 2020:UHC:10077 land or pr oper t y be evict ed t her efr om . For t he pur poses of t aking over such possession or evict ing such unaut hor ised occupant s, t he Collect or m ay use or cause t o be used such for ce as m ay be necessar y.] "
4. Sect ion 131- B of UPZA&LR Act deals wit h Bhum idhar wit h non- t r ansfer able r ight s, w hich r eads as under : -
" 1 3 1 - B. Bh u m idh a r w it h n on - t r a nsfe r a ble r igh t s t o be com e bh u m idh a r w it h t r a n sfe r a ble r igh t s a ft e r t e n years ( 1) Ever y per son w ho w as a bhum idhar w it h non- t r ansfer able r ight s im m ediat ely befor e t he com m encem ent of t he Ut t ar Pr adesh Zam indar i Abolit ion and Land Refor m s ( Am endm ent ) Act . 1995 and had been such bhum idhar for a per iod of t en year s or m or e, shall becom e a bhum idhar w it h t r ansfer able r ight s on such com m encem ent .
( 2) Ever y per son w ho is a bhum idhar w it h non- t r ansfer able r ight s on t he com m encem ent r eferr ed t o in sub- sect ion ( 1) or becom es a bhum idhar w it h non- t r ansfer able r ight s aft er such com m encem ent , shall becom e bhum idhar w it h t r ansfer able r ight s on t he expir y of per iod of t en year s fr om his becom ing a bhum idhar w it h non- t r ansfer able r ight s.
( 3) Not w it hst anding anyt hing cont ained in any ot her pr ovision of t his Act , if a per son, aft er becom ing a bhum idhar w it h t r ansfer able r ight s under sub- sect ion ( 1) or sub- sect ion ( 2) . Tr ansfer s t he land by w ay of sale, he shall becom e ineligible for a lease of any land vest ed in Gaon Sabha or t he St at e Gover nm ent or of sur plus land as defined in t he Ut t ar Pr adesh I m posit ion of Ceiling on Land Holdings Act , 1960.] "
5. Sect ion 152 pr ovides t hat Bhum idhari int er est shall be t r ansfer able subj ect to cer t ain condit ions m ent ioned t herein. Sub- Sect ion ( 2) of Sect ion 152 ordains t hat t he int erest of bhum idhar wit h non- t r ansfer able r ight s shall not be t r ansfer able unless ot herwise expressly perm it t ed by t he Act or any ot her law for t he t im e being in for ce.
6. Adm it t edly, Vij ay Singh ( r espondent no. 4) , fr om whom pet it ioner pur chased t he land in quest ion, 3 2025:UHC:909 2020:UHC:10077 w as having non- t r ansfer able right at t he t im e of execut ion of sale deed; t hus, in view of pr ovision cont ained in Sect ion 152( 2) of UPZA&LR Act , t r ansfer m ade by him in favour of pet it ioner w as in cont r avent ion of pr ovision cont ained in UPZA&LR Act . As a cor ollar y t o t his, Sect ion 166 of UPZA&LR Act is at t r act ed w hich m akes ever y t r ansfer in cont r avent ion of pr ovision of t he Act void, t her efor e, by vir t ue of Sect ion 167 of UPZA&LR Act , t he land in quest ion st ands vest ed in t he St at e Gover nm ent .
7. Lear ned counsel for t he pet it ioner subm it t ed t hat pet it ioner m ade due diligence before purchasing t he land and when it w as found t hat nam e of Vij ay Singh is r ecor ded as Bhum idhar w it h t r ansfer able r ight in t he Khaut ani, only t hen pet it ioner purchased t he land aft er paying consider at ion, t hus, he cont ends t hat pet it ioner is a bona fide purchaser.
8. Per cont r a, learned St at e Counsel subm it s t hat it w as incum bent upon t he pet it ioner t o t r ace t he t it le of t he vendor and since in t he allot m ent or der, it is specifically m ent ioned t hat t he right , w hich Vij ay Singh w ill have, is non- t r ansfer able, t herefore, pet it ioner should have not pur chased t he land.
9. This Cour t finds subst ance in t he subm ission m ade by lear ned St at e Counsel. Since t here is St at ut or y bar against t r ansfer of a land by Bhum idhar w it h non- t r ansfer able right , t her efor e, t he t ransfer m ade by respondent no. 4 is in violat ion of t he 4 2025:UHC:909 2020:UHC:10077 pr ovisions of UPZA&LR Act , t hus consequences m ent ioned in Sect ion 167 of UPZA&LR Act ensue.
10. I n such view of t he m at t er, or der passed by Assist ant Collect or , as affirm ed by Addit ional Com m issioner cannot be fault ed. Ther e is no scope of int er fer ence.
11. Accor dingly, t he w rit pet it ion fails and is dism issed. No order as t o cost s.
( M a n oj Ku m a r Tiw a r i, J) 13.02.2025 Asw al 5