RAJENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Respondent No. 4, Mahant Narendra Das, was the tenure-holder of considerable agricultural land. A notice, under Section 10(2) of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the Act') was issued to him proposing certain area to be declared as surplus. The notice was served upon the tenure-holder on 6th of February, 1974 but the tenure-holder, namely, respondent No. 4, did not file any objection. Consequently, the statement made in the notice was confirmed and about 13 bighas 7 biswas 2 biswansis of land was declared as surplus by judgment and order dated 2-3-1974 passed by the Prescribed Authority. While the appeal against this judgment was pending before the District Judge, the Act was amended by U. P. Ordinance No. 31 of 1975, which was subsequently replaced by U. P. Act No. 20 of 1976, as a consequence of which the appeal was abated and a fresh notice, under Section 10(2) of the amended Act, was issued to the tenure-holder who filed objections and the Prescribed Authority, after hearing the parties, disposed of the case by his judgment dated 30th April, 1976. This order was challenged in appeal by the tenure-holder which was allowed on 25-3-1977 and the surplus area was reduced.

(2.) In the meantime, respondent No. 4, by means of registered Sale Deed dated 26th August, 1974, transferred certain land in favour of appellant No. 1 (Rajendra Singh) and by another Sale Deed of the same date, certain other plots were transferred in favour of Jogendra Singh, son of Shital Das. This Jogendra Singh, in his turn, transferred that land to appellants No. 2 and 3, namely, Pritam Singh and Jogendra Singh, sons of Sardar Mansa Singh, by a registered Sale Deed dated 4-12-1975.

(3.) The appellants who were not the parties before the Prescribed Authority or the Addl. District Judge, filed a review application before the Addl. District Judge, Saharanpur praying that the surplus area may not be taken out of the land transferred in their favour but the application was rejected on 13-1-1978. The appellants then filed a Writ Petition in the High Court which was dismissed on 14-3-1980. It is in these circumstances that the present appeal has come to this Court.