BHAGTENDER SINGH Vs. COMMISSIONER KUMAON DIVISION & OTHERS

JUDGEMENT

(1.) Heard the learned counsel Mr. D.S. Patni, on behalf of Shri Harwansh Singh, who was the respondent no. 4 in writ petition (M/S) 1254/2015. Since nothing new or any modification is being sought in the judgment and order rendered by this court in the said writ petition on 08.11.2016 Hence, there is no necessity of issuing the notice of any kind and the delay of nine months is hereby condoned.

(2.) Supplementary affidavit is taken on the record. It is pertinent to mention that the said writ petition was adjudicated discussing all facts, merits, pros and cons of all the relevant parties elaborately ending up to the litigation of this revenue/agricultural land covered with the Ceiling Act. It was erupted in mid 1970s after the Ceiling Act came into operation w.e.f. 08.6.1973 in Kashipur but was made applicable respectively w.e.f. 24.1.1971 as per provisions of the section 5 of the Act. The attempt of the Legislature/Government to make applicable provisions of such Act retrospectively was to nullify the attempt of mischievous big tenure holders to frustrate the purpose and object of the Act.

(3.) This whole litigation was contested upto the level of Hon'ble High Court and later on kept on protracted in the hierarchy of the revenue courts one after the other, obviously for the reason that the person who were in occupation enjoying the usufructs/agricultural produce of the vast land which was in their occupation against the object as contemplated under the Act.