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Issues involved:
The judgment deals with the annulment of a sale transaction under sections 157-AA, 166, and 167 of the U.P. Zamindari Abolition and Land Reforms Act due to lack of previous approval from the Assistant Collector. Details of the Judgment: Issue 1: Lack of Previous Approval The petitioner, a Scheduled Caste, purchased land from another Scheduled Caste without seeking prior approval from the Assistant Collector as required by section 157-AA. The absence of such approval renders the transaction void under sections 166 and 167 of the Act. The petitioner's argument that post facto approval should suffice is dismissed, as the law mandates prior approval to validate the sale. Issue 2: Jurisdiction of the Assistant Collector The Assistant Collector has the authority to grant or deny permission for transactions under section 157-AA. The power to grant approval inherently includes the power to revoke it. Therefore, the Assistant Collector acted within his jurisdiction in annulling the sale due to lack of prior approval. Issue 3: Distinguishing Precedents The petitioner's reliance on two court decisions to support the post facto approval argument is rejected. In those cases, applications for approval were submitted before the sale transactions occurred, unlike in the present case where the application was made after a significant delay. The court finds these precedents inapplicable to the current situation. In conclusion, the writ petition is dismissed as there is no merit in the petitioner's arguments regarding the lack of prior approval for the sale transaction.
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