AIR 2017 ALLAHABAD 247 ::2017 (6) ALJ 25

Allahabad High Court

Hon'ble Judge(s): Sunita Agarwal , J

(A) U.P. Zamindari Abolition and Land Reforms Act (1 of 1951) , S.169(3)— [as amended by Amendment Act (27 of 2004)] -Transfer of agricultural land - By way of registered instrument - Transfer, alienation and devolution of agricultural land exclusively within domain of State Legislature - Act of 1951, Special Act, as amended restricting devolution of agricultural land except by way of written and registered instrument - Amendment Act not in derogation of Central Acts viz., Succession Act and Registration Act. Succession Act (39 of 1925) , S.14— Registration Act (16 of 1908) , S.18— Constitution of India , Art.246, Sch.7 List III Entry 5, Sch.7 List III Entry 6, Sch.7 List III Entry 7, Sch.7 List II Entry 18— 2015 (7) ADJ 252, Held per incuriam. All matters relating to right in or over agricultural land including transfer, alienation and devolution were exclusively within domain of State Legislature. Under U. P. Zamindari Abolition and Land Reforms Act, restriction has been imposed by State Legislature by way of amendment in S. 169(3) regarding devolution of agricultural land except by way of written and registered deed. Restriction so imposed by State Legislature upon right of bhumidhar under Special Act is in conformity with objects and purpose of Act which has been framed to reform law relating to land tenure so as to check any unscrupulous ....