The Allahabad High Court has quashed an order issued by the Sant Kabir Nagar District Magistrate (DM) and its subsequent affirmation by the Commissioner of the Basti Division. The order had declared a sale deed in favor of a society that built the Al-Huda Madrassa on land purchased in Khalilabad as void. The deed was executed in the name of the society and its chairman, Samsul Huda Khan, a foreign national. Following this declaration, the DM and commissioner had directed that the entire property be vested in the state.
Court's Ruling
Allowing a writ petition filed by Kulliyatul Banatir Razviya Educational and Welfare Society, Justice Arun Kumar set aside the DM's order of November 14, 2025, and the commissioner's confirmation order of April 24, 2026. The court stated that these orders cannot be sustained and directed the state government to proceed against the petitioner in accordance with the law.
Key Observations
In its judgment dated May 15, the high court observed that a plain reading of the UP Land Revenue Act clarifies that the collector includes additional collector and assistant collector. However, the Act does not confer upon the collector (DM) the power to declare a transaction void under Section 166 for being violative of Section 154 or 157-A. Such power is vested only in the Assistant Collector First Class (SDM), who may be authorized by the state government to discharge functions of the DM. The court emphasized that the DM lacked jurisdiction to pass the order.
Implications
The ruling underscores the importance of jurisdictional limits in administrative actions. The high court's decision invalidates the earlier orders, restoring the status quo ante, and requires the state government to follow proper legal procedures in any future action against the society.
