JERNAIL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner in the present Writ Petition, has given a challenge to the order dated 26.05.2010, as was passed by the respondent no.2, i.e. Commissioner Kumaun Mandal, Nainital, whereby, the land which was allotted to him under the provisions of the Ceiling Act, has detailed in the corrected order dated 06.10.2010, have been cancelled on the ground that, the petitioner had violated the allotment order, in terms of the allotment dated 30.08.1991. The proceedings of the cancellation of patta, under Sub-section 4 of Sub-section 27 of the Ceiling Act, was initiated against the petitioner on the basis of the report submitted by the District Magistrate, in which, it was observed that the petitioner had violated the terms and conditions of the allotment and has wrongfully on 10.11.1999, had sold the property to one Mr. Anup Singh Patwal.

(2.) Be that as it may, the grievance of the learned counsel for the petitioner, in the present Writ Petition, is that, the notices of the said proceedings was not served upon him and as such he could not get an effective opportunity to raise his contention and defend himself in the proceedings before the court below, which is mandatorily contemplated under the provisions contained under Section 27 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.

(3.) On the contrary, the argument of Mr. Sudhir Singh, learned Standing Counsel is that, in fact, if the impugned order is itself is taken into consideration, it reflects that, as per the report of the process serve various steps was taken by the respondent for ensuring the services of the notices on the petitioner, but, the same could not be served because he was not made available in the village in question, hence, based on the response given by the Collector on 17.04.2009, and the report of the Tehsildar, Ramnagar dated 16.04.2009, the Court of respondent no.2, had proceeded with the cancellation of the patta, which was granted in favour of the petitioner under Section 27 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, alleging it to be in violation of the terms of the allotment dated 30.08.1991.