RANI PREM KUNWAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS writ petition arises out of proceedings under the provisions of Urban Land (Ceiling and Regulation) Act, 1976. The petitioner had submitted details of her land under section 6 of the above mentioned Act. She was served with a draft notice under section 8 of the Act. She filed several objections against the draft notice and had asserted that the excess area indicated in the draft notice was incorrect. The competent authority through its order dated 14-2-78 declared 1, 31, 653 sq. meters as excess area of the petitioner. Aggrieved by the judgment of the competent authority the petitioner had preferred an appeal which has also been dismissed by the appellate authority through its judgment dated 6-3-1979. Against the judgment of the appellate authority the petitioner has approached this Court under Article 226 of the Constitution of India.

(2.) THE learned counsel for the petitioner has contended before me that plot Nos. 446, 539, 177 and 444 were agricultural plots and they have been wrongly treated as vacant land under the provisions of the above mentioned Act. THE second contention raised on behalf of the petitioner is that plot Nos. 381, 387, 391 and 394 constitute a pond and cannot be treated as land under the provisions of the above mentioned Act. THE third contention raised on behalf of the petitioner is that certain plots of the petitioner were considered as agricultural land of the petitioner for the purposes of the U. P. Imposition of Ceiling on Land Holdings Act and the same in the proceedings giving rise to this petition has not been treated as land for agricultural purposes. Hence an error apparent on the face of the record has crept in and the declaration of excess area of the petitioner stands vitiated in law. According to the learned counsel for the petitioner it is not open to the State to contend that the plots which were declared tenancy of the petitioner under the U. P. Imposition of Ceiling on Land Holdings Act should not be treated as land for agricultural purposes in the present case.

(3.) IT is a matter of common experience that at times the Lekhpals do not make entries. Under the above mentioned Act it has not been stressed that the Khasra extracts govern determination of the use of the land for agriculture purposes. Under section 2 (o) of the Urban Land (Ceiling and Regulation) Act, 1976 "urban land" has been defined as meaning :