# Durga Khadi Evam Gramodyog Seva Sansthan, Lko v. Additional Commissioner, Administration, Lucknow & Ors

- **Citation:** (2024) 5 ILRA 1643
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-05-01
- **Case number:** Writ - C No. 2403 of 2024
- **Bench:** Manish Kumar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/durga-khadi-evam-gramodyog-seva-sansthan-lko-v-additional-commissioner-52010
- **Pages:** 4

## Headnote

Civil Law -transfer of a land belonging to a
Scheduled
Case
land
owner
to
the
petitioner society-without prior permission
of the Collector- Sections 157A and 157AA
of the UPZA&LR Act,1950-Parliament does
not confer the status of scheduled casteany Institution/Society or company or an
association or a body of individuals or upon
any
artificial
person-such
a
transfer
without prior approval of Collector is
invalid-impugned orders upheld- petition
dismissed. (Paras 11 and 12)

HELD:

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. (Para 12)
Petition dismissed. (E-14)

List of Cases cited:

Civil Misc. Writ Petition No. 44098 of 2014
(Committee of Management, Randhir Singh U.M.
Vidayala Vs St. of U.P. & ors.) decided on
10.04.2019

## Text

5 All. Durga Khadi Evam Gramodyog Seva Sansthan, Lko. Vs. Additional Commissioner,
 Administration, Lucknow & Ors.
1643
with law from the stage that had been
achieved prior to 01.01.2006 i.e. date of
enforcement of Waqf Act, 1995.
----------
(2024) 5 ILRA 1643
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 01.05.2024

BEFORE

THE HON'BLE MANISH KUMAR, J.

Writ - C No. 2403 of 2024

Durga
Khadi
Evam
Gramodyog
Seva
Sansthan, Lko. ...Petitioner
Versus
Additional Commissioner, Administration,
Lucknow & Ors. ...Respondents

Counsel for the Petitioner:
Pradeep Kumar

Counsel for the Respondents:
C.S.C.

Civil Law -transfer of a land belonging to a
Scheduled
Case
land
owner
to
the
petitioner society-without prior permission
of the Collector- Sections 157A and 157AA
of the UPZA&LR Act,1950-Parliament does
not confer the status of scheduled casteany Institution/Society or company or an
association or a body of individuals or upon
any
artificial
person-such
a
transfer
without prior approval of Collector is
invalid-impugned orders upheld- petition
dismissed. (Paras 11 and 12)

HELD:

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. (Para 12)
Petition dismissed. (E-14)

List of Cases cited:

Civil Misc. Writ Petition No. 44098 of 2014
(Committee of Management, Randhir Singh U.M.
Vidayala Vs St. of U.P. & ors.) decided on
10.04.2019

(Delivered by 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. 1Additional 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. 4Munishwar 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
1644 INDIAN LAW REPORTS ALLAHABAD SERIES
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 Munishwarrespondent 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
5 All. Durga Khadi Evam Gramodyog Seva Sansthan, Lko. Vs. Additional Commissioner,
 Administration, Lucknow & Ors.
1645
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,
1646 INDIAN LAW REPORTS ALLAHABAD SERIES
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.
----------
(2024) 5 ILRA 1646
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 24.05.2024

BEFORE

THE HON'BLE MAHESH CHANDRA
TRIPATHI, J.
THE HON'BLE ANISH KUMAR GUPTA, J.

Special Appeal Defective No. 9 of 2024

Basic Shiksha Adhikari ...Appellant
Versus
Laxmi Shakya & Ors. ...Respondents

Counsel for the Appellant:
Manvendra Singh, Prabhakar Awasthi, Vijay
Kumar Maurya

Counsel for the Respondents:
C.S.C., Siddharth Khare

(A) Service Law - Assistant Teacher
Recruitment
Examination,
2018
-
Intermediate
Education
Act,
1921
-
Chapter
XII
Part
-
II-
B
(General
Regulation Regarding Exam) - Clause 17
(1), (2), (3), (4) & (5) - Regulation 5 -
Guidelines for Pursuing Two Academic
Programmes
Simultaneously
-
New
Education Policy 2020 Guidelines - Allows
two academic programmes under certain
conditions - Programs must not overlap
and have different class times - One fulltime course on physical mode and the other
in open and distance learning or online
mode - No retrospective benefit can be
claimed for students who have already
pursued
two
academic
programmes
simultaneously - Prior to April 2022, no
person
could
pursue
two
full-time
academic programmes in physical modes
simultaneously. (Para - 34, 35)

(B) Service Law - The U.P. Intermediate
Education
Act,
1921
-
prohibits
simultaneous examinations of High School
and Intermediate courses, either as regular
or private students - If a candidate appears
in two simultaneous exams, their results
are declared nullity - Only Examination
Board can declare a candidate's result
nullity - Higher education courses cannot
be
undertaken
simultaneously
-
employment cannot be terminated unless
certificates are forged, fabricated, or
declared nullity by the Examination Board.
(Para -37)

Petitioner's services were terminated - due to
his multiple certificates, including High School
and Intermediate, B.A, B.Sc., B.T.C., and
M.Sc., and his overlapping degrees - No
courses
declared
null
by
competent
Examination Board - Certificates verified as
genuine - Services cannot be terminated unless
declared null and void by Examination Body.
(Para - 4,38)

HELD:- Appellant/respondents are directed to
permit petitioner/respondent no.1 to discharge
her duties on the post on which petitioner was
appointed. Petitioner entitled for payment of
salary with continuity in service and all
consequential benefits.(Para - 41)

Appeal dismissed. (E-7)

List of Cases cited:

1. Kuldeep Kumar Pathak Vs St. of U.P. & ors. ,
(2016) 3 SCC 521

2. Board of Basic Education & anr. Vs Arvind
Prakash Dwivedi & ors.., Special Appeal Defective
No. 898 of 2020

3. Laxmi Shanker Yadav Vs St. of U.P. & ors. ,
Writ-A No. 5394 of 2021

4. The Basic Eduction Board, U.P. Prayagraj &
anr. Vs Laxmi Shekhar Yadav, Special Appeal No.
37 of 2022