DHANANJAY SINGH Vs. COMMISSIONER KUMAON DIVISION NAINITAL

JUDGEMENT

(1.) Heard learned counsel of the parties and perused the record.

(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari calling for the records and setting aside the order dated 04-07-2007 passed by the respondent No.1 i.e. Commissioner, Kumaon Division, Nainital, annexed as annexure No.3 to the writ petition whereby the learned Commissioner has rejected the application of the petitioner filed under Section 27(4) of the Uttar Pradesh Imposition of Ceiling On Land Holdings Act, 1960 (hereinafter referred to as the `Act') for cancellation of the lease which was granted in favour of the respondent Nos. 4 to 19.

(3.) Brief facts giving rise to the present writ petition are that the land of the original tenure holders of late Smt. Rani Padma Devi was declared surplus land by the prescribed Authority by order dated 23-11-1976, the order of prescribed authority declaring the land of aforesaid tenure holder as surplus was challenged in appeal which was confirmed by the appellate authority. The order of the appellate authority was challenged before the Allahabad High Court in writ petition No. 4774 of 2001(M/S), Smt. Rani Padma Devi and others Vs. State and others and after creation of the State of Uttarakhand, the same was transferred to this High Court under the provision of the U.P. Reorganization, Act, 2000.