DEEN DAYAL Vs. STATE OF UP AND ANOTHER

JUDGEMENT

(1.) This petition u/Art. 226 of the Constitution was filed by Deen Dayal, who is one of the cultivators along with his nephews Brij Behari and Avadh Behari, and his grandfather Ram Prasad and aunt Chirora Wati in villages Uldan and Rajapur. They have three plots in each of the two villages.

(2.) In 1951 the State Government passed the UP Kans Eradication Act (No. XXII) of 1951 and that Act was enforced in village, Uldan and Rajapur in the year 1953. It was alleged that the Petitioner along with other inhabitants of the village raised objection to the applicability of the Act to those two villages and without any enquiry their objections were rejected. The Kans Eradication operation started in the village including the plots of the Petitioner. Thereafter there was a demand of a sum of Rs. 1024 -15 -0 from him. After the eradication of the Kans from his plots the Petitioner did not want to pay this amount and has come to this Court.

(3.) The grounds taken by the Petitioner are that the demand is unconstitutional and ultra vires: that the Act abridges the right of the Petitioner to hold property which is guaranteed u/Art. 19(1)(f) of the Constitution and that the powers given Under Sec. s. 3, 4, 6 and 7 are arbitrary and capricious and they vest unlimited power upon the executive.