Maulana Mohammad Ali Jauhar Trust vs State Of U.P. And Another
2021 Latest Caselaw 10031 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- WRIT - C No. - 24636 of 2020
 

 
Petitioner :- Maulana Mohammad Ali Jauhar Trust
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Syed Safdar Ali Kazmi
 
Counsel for Respondent :- C.S.C.,Mukesh Kumar
 

 
Hon'ble Vivek Kumar Birla,J.

List of fresh cases has been revised. No one is present to press this petition.

Present petition has been filed for quashing the impugned order dated 14.01.2020 passed by the Board of Revenue U.P. at Allahabad in Case No. REV/579/2018/Rampur (State of U.P. Vs. Maulana Mohammad Ali Jauhar Trust Lucknow).

Sri Shudhanshu Srivastava, learned Additional Chief Standing Counsel has produced a copy of the judgment/ order dated 21.10.2020 passed in Writ- B No. 437 of 2020 (Maulana Mohammad Ali Jauhar Trust vs. State of U.P. and Another), which was also filed challenging the common order.

The order dated 21.10.2020 is quoted as under:-

"Case called out in the revised list. None has appeared to press this writ petition.

Similar has been the situation on earlier occasions.

I have perused the impugned orders and do not find any illegality, therein.

Land, which was subject matter of sale deed executed by a person belonging to the scheduled caste in favour of member of the general category has been found to be hit by Section 157-A of the U.P. Zamindari Abolition and Land Reforms Act having been executed without having obtained prior approval/permission for the same.

As a consequence and in view of Section 167 and 166 of the said Act, the land subject matter of this illegal sale deed has been ordered to vest in the State free from all encumbrances.

No evidence or order granting permission for executing the sale deed is filed with the writ petition, apart from the document which has been discarded by the Courts below for cogent reasons.

Accordingly, this Court finds that the impugned orders are perfectly justified and call for no interference.

The writ petition is accordingly, dismissed. "

In such view of the matter, present petition also stands dismissed for the reasons noted in the above quoted order.

Order Date :- 10.8.2021

Aditya