Court No. - 6 Case :- WRIT - C No. - 68226 of 2009 Petitioner :- Nanhi Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashwani Mishra,Vishnu Dutt Tiwari Respondent Counsel :- C.S.C. Hon'ble Arun Tandon, J.
The Additional Commissioner, Agra Region, Agra by means
of the impugned order dated 29.09.2009 has dismissed the
Revision filed after recording that the sale deed had been got
executed without obtaining necessary permission of the
Collector as required under Section 157-AA of the UPZA&LR
Act.
Counsel for the petitioner challenging the aforesaid order
submitted that the sale deed was executed on 01.12.1996
while Section 157-AA was introduced by Act No. 09 of 1997
w.e.f. 21.05.1997 and, therefore, the sale deed having been
executed prior to the enforcement of amended provision will
not be adversely effected. The contention raised on behalf of
the petitioner has been repelled by the Additional
Commissioner under the impugned order by recording that
Section 157-AA was introduced by Ordinance No. 36 of 1995
and therefore, on the date the transfer was effected the
Ordinance was in force. The sale deed was in violation of the
statutory provision introduced by means of the said
Ordinance. Therefore, the plea taken by the petitioner had no
substance.
Counsel for the petitioner has failed to produce the Ordinance
36 of 1995 nor he has challenged the finding so recorded by
the Additional Commissioner.
There is no illegality in the order so passed.
Writ petition is dismissed.
Dated : 06.01.2010
VR/WP-68226/09