Allahabad High Court
Durga Khadi Evam Gramodyog Seva ... vs Additional Commissioner, ... on 1 May, 2024
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:33951
A.F.R.
Court No. - 18
Case :- WRIT - C No. - 2403 of 2024
Petitioner :- Durga Khadi Evam Gramodyog Seva Sansthan,Lko. Thru. Secy./Manager Smt. Pushpa Devi
Respondent :- Additional Commissioner, Administration,Lucknow Mandal, Lko. And 3 Others
Counsel for Petitioner :- Pradeep Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Manish Kumar,J.
1. Heard Shri Pradeep Kumar, learned counsel for the petitioner and Shri Hemant Kumar Pandey, learned Standing Counsel for the State.
2. Present petition has been preferred for quashing of the impugned order dated 17.10.2023 passed by the respondent no. 1-Additional Commissioner, Administration, Lucknow Mandal, Lucknow in Case No. 503/2014 (Computerized Case No. C2014100000503) (Durga Khadi Vs. U.P. Ziladhikari) under Section 333 (3) of the U.P.Z.A. & L.R. Act, 1950 (hereinafter referred to as, the Act, 1950) and the impugned order dated 03.08.2013 passed by the respondent no. 2 Deputy Collector (Revenue), District Lucknow in Case No. 02/02/2008-09 (State Vs. Durga Khadi Evam Gramodyog Seva Sansthan and other) under Section 166/167 of the Act, 1950.
3. Learned counsel for the petitioner i.e. Durga Khadi Evam Gramodyog Seva Sansthan (hereinafter referred to as, the Society) has submitted that land of Khata No. 554 was purchased by respondent no. 4-Munishwar from respondent no. 3-Sanjay Kumar by registered sale deed dated 20.09.2003 and both the parties belong to the Scheduled Caste. Thereafter, the petitioner Society through Smt. Pushpa Devi, Secretary/Manager, Durga Khadi Evam Gramodhyog Seva Sansthan has purchased the said property from respondent no. 4-Munishwar by registered sale deed dated 29.09.2007.
4. It is further submitted that Smt Pushpa Devi has been holding the post of Secretary/ Manager Durga Khadi Evam Gramodhyog Seva Sansthan since the execution of sale deed and she belongs to the Scheduled Caste category also hence, there was no requirement to obtain prior permission from Collector under Section 157 A of the Act, 1950.
5. It is next submitted that since respondent no. 4-Munishwar and Smt Pushpa are belong to the category of Scheduled Caste so there is no illegality in the execution of sale deed dated 29.09.2007 thus, case of the petitioner does not fall under Section 157 A of the Act, 1950, hence, the impugned orders are bad in the eyes of of law and are liable to be set aside.
6. On the other hand, Shri Hemant Kumar Pandey, learned Standing Counsel has submitted that the property i.e. Khata No. 554 was sold by Shri Munishwar-respondent no. 4 to the petitioner society through Smt. Pushpa Devi. Sale deed was executed in favour of petitioner-Society and the petitioner being a Society does not belong to any caste or category and no such status have been conferred to the petitioner Society thus, the transaction is hit by sub Section 1 of Section 157 A of the Act, 1950 and in support of his submission, he placed reliance upon the judgment of this Court dated 10.04.2019 passed in Civil Misc. Writ Petition No. 44098 of 2014 (Committee of Management, Randhir Singh U.M. Vidayala Vs. State of U.P. and others).
7. After hearing learned counsel for the parties and going through the record of the case, it is found that Respondent no.-4-Shri Munishwar executed a sale deed in favour of the petitioner-Society through Smt. Pushpa Devi-wife of respondent no. 4 as Secretary/Manager of the petitioner Society and under this misconception, learned counsel for the petitioner is pressing hard that sale deed dated 29.09.2007 was executed by a person belonging to Scheduled Caste to another person belonging to Scheduled Caste category, hence, the prior approval of Collector, as required under Section 157 A of the Act, 1950 is not required in the present case and thus, there is no illegality in the present transaction.
8. For convenience, the relevant extract of Section 157 A of the Act, 1950 is quoted hereinbelow:-
" 157-A. Restrictions on transfer of land by members of Scheduled Castes- (1) Without prejudice to the restrictions contained in Sections 153 to 157, no bhumidhar or asami belonging to a Scheduled Caste shall have the right to transfer any land by way of sale, gift, mortgage or lease to a person not belonging to a Scheduled Caste, except with the previous approval of the Collector.
Provided that no such approval shall be given by the Collector in case where the land held in Uttar Pradesh by the transfer on the date of application under this section is less than 1.26 hectares or where the area of land so held in Uttar Pradesh by the transferor on the said date is after such transfer, likely to be reduced to less than 1.26 hectare. "
9. As regards the judgment relied by learned Standing Counsel, it has been submitted by the learned counsel for the petitioner that the said judgment is not applicable as the said judgment was passed considering the Section 157 AA of the Act, 1950. The said submission of learned counsel for the petitioner is also not acceptable. For convenience, the relevant extract of Section 157 AA of the Act, 1950 is being reproduced hereinbelow:-
"157 AA. Restrictions on transfer by member of Scheduled Castes becoming bhumidhar under Section 131-B (1) Notwithstanding anything contained in Section 157 A and without prejudice to the restrictions contained in Sections 153 to 157, no person belonging to scheduled caste having become a Bhumidhar with transferable rights under Section 131-B shall have the right to transfer the land by way of sale, gift, mortgage or lease to a person other than a person belonging to a Scheduled Caste and such transfer, if any, shall be in the following order of preference
(a) land less agricultural labourer;
(b) marginal farmer;
(c) small farmer; and
(d) a person other than a person referred to in Clauses (a), (b) and (c):-
10. The issue which is to be adjudicated in the present case is whether a person belonging to Scheduled Caste category can transfer any property/land by way of sale, gift, mortgage or lease to a person not belonging to Schedule Caste category, except with prior approval by the Collector, whereas sub Section 4 of 157 AA of the Act, 1950 provides that no transfer shall be made except with the previous approval of the Assistant Collector concerned. The said section is reproduced hereunder for convenience :-
" 157 AA (4) No transfer under this Sections shall be made except with the previous approval of the Assistant Collector concerned.
11. This Court in the case of Committee of Management, Randhir Singh U.M. Vidayala (supra) has considered the same issue whether a person belonging to Scheduled Caste category can transfer the land in favour of a Society without prior approval of the Collector/Assistant Collector wherein it has been held by this Court that a Society is not a person belonging to Scheduled Caste category. The relevant extract of the said judgment is being reproduced hereunder :-
" 13. In compliance with the above Article the list which has been notified by the President for the State of U.P. and by the Parliament does not in any manner confer the status of a scheduled caste to any Institution/Society or a Company or an association or an body of individuals or upon any artificial person. Therefore, by necessary implication even if it is assumed that any institution or a Society is a person, it would not be a person specified and notified to be scheduled caste."
12. In the aforesaid judgment, it has clearly been held that the Society/ Institution has not been conferred the status of a scheduled caste and by necessary implication even if it is assumed that any institution or a Society is a person, it would not be a person specified and notified to be scheduled caste hence, the prior approval from the Collector/Assistant Collector is necessary before the sale of property.
13. It is an admitted case of the petitioner that there was no prior approval from the Collector before the execution of sale deed by Munishwar belonging to the Scheduled Caste to the petitioner society, which is required under Section 157 A of the Act, 1950.
14. In view of the facts, circumstances and discussion made hereinabove, the present petition is devoid of merit hence, dismissed.
Order Date :- 1.5.2024
Ashish
