RAJAT LAL Vs. COMMISSIONER SAHARANPUR DIVISION

JUDGEMENT

(1.) Present writ petition has been filed for quashing the order dated 28.th June, 2006 (Annexure 13 to writ petition), order dated 13.9.2004 (Annexure 7 to writ petition) and order dated 25.9.1983 (Annexure 4 to writ petition). Further a writ in the nature of mandamus commanding Respondents not to dispossess Petitioners from land in dispute.

(2.) Present writ petition is arises out of a proceeding under U.P. Imposition of Ceiling of Land Holding Act, 1960. In the year 1974, proceedings were initiated against one Narendra Lal and Rajendra Lal and two ceiling cases were registered as Case Nos. 212 of 1974 and 214 of 1974. Both the cases were consolidated and decided by prescribed authority on 25.2.1975 declaring certain land as surplus. Two separate appeals were filed as Appeal Nos. 377 and 378 of 1975 and State of U.P. has also filed two separate appeal Nos. 441 and 442 of 1975. By order dated 22nd January, 1976, Judgment was passed in all four appeals dismissing the appeals filed by State of U.P. and has allowed the appeals filed by tenure holders and remanded the matter to be decided in accordance with observation made in appeal by the prescribed authority. On 9.1.1977, Naib Tehsildar has reported for abating the proceedings and vide judgment and order dated 10.1.1977 prescribed authority passed an order abating the proceeding in view of amending Act as per Section 31(2) of U.P. Act No. 20 of 1976. Though the report was for re-determination ceiling area under Section 9 of U.P. Ordinance No. 31 of 1975 but re-determination was to be done under U.P. Ordinance No. 11 of 1976 which was replaced by U.P. Act. No. 20 of 1976 after abating ceiling proceedings under Section 31(2) of the U.P. Act No. 20 of 1976. After abatement fresh notice was issued to tenure holders under Section 10(2) of the Act on 17.2.1977. A case was registered as Case Nos. 336 and 337 of 1977. Tenure holders against the aforesaid notices filed a writ petition being Writ Petition No. 1706 of 1977 which was dismissed with an observation to re-determine the land in view of Section 31(2) of Act No. 20 of 1976. Then proceedings mentioned above were decided by prescribed authority by a common judgment declaring certain land as surplus. Both appeals were allowed on the ground that order dated 30.4.1979 not being passed within a period of two years in view of Section 31(2) of the U.P. Act No. 20 of 1976 and in view of law laid down in Nahar Singh's case reported in 1983 ALJ, 391 but the matter was remanded back to prescribed authority by order dated 25.9.1983. State of U.P. filed two writ petitions No. 398 of 1984 and 416 of 1984 against the judgment dated 25.9.1983 in which no interim order was granted. In the meantime, Rajendra Lal father of Petitioner No. 1 died on 11.7.1985 and father of Petitioner No. 2 Narendra Lal died on 24.2.2001. Both writ petitions were dismissed by order dated 27.11.2002. After second remand order dated 25.9.1983, there was no stay of proceedings of trial court, in the writ petitions filed by State of U.P. but trial court kept pending the proceedings till pendency of writ petitions. It started proceedings after dismissal of writ petition in 2003.

(3.) It is also to be mentioned that second proceedings were initiated without substituting heirs though Petitioners filed their objections on merits. Prescribed authority vide its common judgment dated 13.9.2004, decided the case and declared 20-08-11 beghas of land of Rajendra Lal and 16-06-06 of the land of Narendra Lal as surplus. The order dated 13.9.2004 was an order without jurisdiction as they have not passed within a period of two years and proceedings cannot continue in view of Section 31(2) of the Act. Against this order the State of U.P. filed time barred appeal before the Commissioner, Saharanpur against both the Judgments along with an application under Section 5 of Limitation Act but it was not supported by any affidavit. Cross objections were also filed by Petitioners in the appeals filed by the State Government on the ground that order dated 13.4.2004 is without jurisdiction. The trial court did not consider reduction of 3-9-10 begas of land during consolidation, State has already acquired 10-5-10 beghas of land of Petitioners and 17-10-0 beghas of land as abadi land. The Commissioner vide its order dated 28.6.2006 has dismissed appeal and affirmed the order passed by the prescribed authority. Hence, the present writ petition has been filed by Petitioners being Writ Petition No. 37237 of 2006 and the State has also filed a Writ Petition No. 31838 of 2007.