AVNEESH PANT Vs. COLLECTOR/ZILA NIBANDHAK

JUDGEMENT

(1.) The petitioners, before this Court, have challenged the order of the Sub Divisional Magistrate dated 2nd May, 2006 by which the S.D.M., Berinag, District Pithoragarh has passed an order by which the land which was under cultivation for plantation at the time when the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 came into force, should not pass into the hands of the others and, therefore, had directed the subordinate officers not to register the Sale-deeds in respect of such land. This order is under challenge before this Court.

(2.) What goes to the root of the matter is that the land in question was earlier part of the tea plantation at Berinag and Chaukori, District-Pithoragarh. The land which was under plantation was exempted under Section 6 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The restriction, however, was that such a land, i.e. the land, inter alia, under cultivation of tea plant should not pass to others so as to change its user. In total violation of the aforesaid provisions, this land which was earlier under tea plantation, has passed on into the hands of others and, thereafter, fragmented into smaller holdings, thus, defeating the purpose of the Ceiling Act. This was held to be bad and all transactions were held to be in violation of the Ceiling Act, 1960 in an order of this Court in Smt. Hemlata Singh Vs. Collector, District Pithoragarh & others,2009 1 UD 227, which has also been affirmed in Special Appeal.

(3.) The present matter is entirely covered by the aforementioned judgment. In view thereof, all the writ petitions fail and are hereby dismissed.