Allahabad High Court Clarifies Jurisdiction on Agricultural Land Transactions

The Allahabad High Court has clarified that under the Uttar Pradesh Revenue Code, only the assistant collector (first class) has the authority to declare a transaction of agricultural land void. This ruling comes after Justice Arun Kumar set aside an order by the Sant Kabir Nagar district magistrate (DM) and its subsequent confirmation by the commissioner of Basti division.

The order in question had declared a sale deed in favor of a society, which constructed the Al-Huda Madarsa on the purchased land, void. This decision was based on the claim that the society's chairman, Samsul Huda Khan, was a foreign national. However, the high court stated that the district magistrate does not have the jurisdiction to make such declarations and that the power resides exclusively with the sub-divisional magistrate (SDM).

The case arose after petitioner Kulliyatul Banatir Razviya Educational and Welfare Society filed a writ challenging the DM and commissioner's orders. The high court's ruling thus underscored the specific functions of the SDM under the Act, which are not to be carried out by the DM, reaffirming the legal framework and authority distribution in land transaction disputes.

(With inputs from agencies.)