C482/594/2024
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Uttarakhand High Court

C482/594/2024 on 11 March, 2026

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                                 C-482 No. 594 of 2024
                                 Hon'ble Alok Mahra, J.

Mr. Amar Murti Shukla, learned counsel for the applicant.

2. Mr. S.C. Dumka, learned A.G.A. for the State.

3. Mr. Sanjay Kumar, learned counsel for respondent nos. 2, 4, 5 and 6.

4. Respondent nos. 2 and 3 are present in person today before this Court. Respondent no. 2 has submitted that she is a widow and she purchased the said land vide registered sale

Min admeasuring 0.418 hectares which was purchased by her from one Sri Kulwinder Kaur W/o Harvinder Singh through sale deed and thereafter, she sold this land to the present applicant.

5. Learned counsel for the applicant submits that fraud has been played upon by respondent no. 2 as she has no right to sell the land as the land was declared surplus under the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 (for short 'the Act').

6. In this regard, learned counsel for respondent no. 2 submits that she had no knowledge that the land had become surplus under the Act.

7. Learned counsel for the applicant has further drawn the attention of this Court to the notice issued by S.D.M., Kashipur, wherein, respondent no. 2 was given notice to the effect that the land situated in Khasra No. 13 Min admeasuring 0.418 hectares is declared as surplus under the Act and the respondent no. 2 is unauthorized occupants of the said land.

8. As such, respondent no. 2 had full knowledge that she had no right to sell the land. Despite this, she executed registered sale deed in favour of applicant on 16.05.2023.

9. Respondent no. 3 is also present in Court today. Respondent no. 3 also executed a sale deed dated 16.05.2023 in favour of the applicant of the land which was declared as surplus, of which, he had no right to sell.

10. Today, he is handing over a cheque of Rs. 6 Lakhs to the applicant drawn in favour of the applicant.

11. After hearing the parties, this Court thinks that it is a very serious state of affairs because once the land has been declared as surplus, why such entry was not made in revenue records.

12. District Magistrate, Udham Singh Nagar shall conduct a detailed inquiry as to who are the Erring Officers, who failed to discharge their duties, due to which, sale deeds were executed of the land, which was declared as surplus in the ceiling proceedings. After conducting the said inquiry, compliance report should be forwarded to this Court within a period of four weeks.

13. List this matter on 16.04.2026.

14. On that date, respondent nos. 4, 5 and 6 shall remain personally present before this Court.

(Alok Mahra J.) 11.03.2026 Ujjwal