STATE OF U P Vs. SATISH TANDON

JUDGEMENT

(1.) THIS writ petition by the State of U. P. is against the judgment of Shri B. C. Jauhari, District Judge, Allahabad, dated 3-1-1979 in Misc. Civil Appeal No. 199 of 1978-Satish Tandon v. State of U. P. and arises out of proceedings for permission to transfer a portion of building no. 35 Rani Mandi, Allahabad, in favour of Smt. Prem Rani Kapoor, under Section 27 (2) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act).

(2.) THE Competent Authority, Allababad, through its judgment dated 17-10-1980 rejected the application moved by the opposite party no. 1 in the present writ petition. Aggrieved by the judgment of the Prescribed Authority the opposite party no. 1 had gone in appeal and the appeal has been allowed and requisite permission was granted to opposite party no. 1 to sell a portion of house no. 35, Rani Mandi, Allahabad. Against the judgment of the appellate authority the State of U. P. has approached this Court under Article 226 of the Constitution.

(3.) I have considered the contentions raised on behalf of the parties. I have a strong feeling that ordinarily no sale should be permitted unless the extent of vacant land held by the seller has been determined under the provisions of the Act. Section 5(3) of the above-mentioned Act reads thus :-