STATE OF U P Vs. AFTAB AHMAD KHAN

JUDGEMENT

(1.) THIS writ petition arises out of proceedings under Section 8 of the Urban Land (Ceiling and Regulation) Act regarding the excess vacant land held by Aftab Ahmad Khan. A large number of objections were preferred by the contesting opposite party under Section 8(3) of the said Act. The Competent Authority through its judgment dated 21 - -10 -78 negatived the contention raised on behalf of the contesting opposite party and confirmed the draft statement and declared excess vacant land to the extent of 480 -40 sq. meters. Against the judgment of the Competent Authority the contesting opposite party had preferred an appeal which was allowed by the appellate authority through its judgment dated 1 -9 -79. Against the judgment of the appellate authority the Petitioners have approached this Court under Article 226 of the Constitution.

(2.) THE only point raised on behalf of the Petitioners before me that the appellate authority has misconstrued the provisions of section 19(1)(iv) of the Urban Land (Ceiling and Regulation) Act and has arrived at a patently erroneous conclusion without any evidence on record on the essential ingredients of the aforesaid section.

(3.) THE Competent Authority did not accept the claim of the contesting opposite party regarding the waqf property as is evident from the discussions contained in paragraph 4 of the judgment of the Competent Authority. The Competent Authority has also referred to section 19(2) of the above Act which reads as below: