STATE OF U P Vs. GURMEET SINGH PAL

JUDGEMENT

(1.) THE writ petition has been filed by the State of U. P. against the judgment of Shri K. C. Sharma, District Judge, Dehradun, dated 2-7-79 in Urban Land Ceiling Appeal No. 89 of 1979 Shri Gurmeet Singh Pal versus State of U.P. and others whereby it has been held that the opposite party no. 1 in the present writ petition did not possess any excess vacant land.

(2.) IT has not been disputed before me that the opposite party no. 1 owned and possessed an open piece of land measuring 2409 sq. metres. A draft statement under Section 8 (3) of the Urban Land (Ceiling and Regulation) Act, 1976 was served upon the opposite party no. 1 intimating that 409 sq. metres excess land was possessed by him and requiring him to file any objection thereto.

(3.) THE competent authority through its order dated 30-4-1979 (Annexure I attached with the writ petition) repelled the contentions raised on behalf of the opposite party and confirmed the draft statement served upon the oppsite party no. 1 in the present writ petition. Aggrieved by the order of the competent authority the opposite party no. 1 had preferred an appeal which was allowed by the District Judge through his impugned judgment dated 2-7-1979. Now the State of U.P. has approached this Court under Article 226 of the Constitution.