FAKHRUDDIN Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel and also perused the record.

(2.) By means of this petition filed under Art. 226 of the Constitution of India petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 5.9.1986 passed by the respondent No. 2 in the proceedings under the U.P. Imposition Of Ceiling on Land Holdings Act, for short "the Act".

(3.) The relevant facts of the case, in brief, are that a notice under Sec. 10 (2) of the Act was issued to the petitioner calling upon him to show cause as to why the area measuring 2 Bighas 7 Biswas and 12 Dhoors out of his holding be not declared as surplus. On receipt of the said notice the petitioner filed an objection pleading that it was in the year 1969 that the same land was gifted to him by his mother. The said land was liable to be excluded from his holding; but the same was wrongly shown as part of his holding. It was pleaded that after excluding the said land no land out of his holding was liable to be declared as surplus. The petitioner produced evidences in support of his case. The Prescribed Authority, after perusing the material on the record dismissed the objection filed by the petitioner by its judgment and order dated 5.11.1974 and declared 2 Bighas 7 Biswas and 12 Dhoors land out of his holding as surplus. Challenging the validity of the said order, the petitioner filed an appeal before the Appellate Authority. The appeal filed by the petitioner was allowed by the judgment and order dated I.12.1976 by the Appellate Authority. The State Government, thereafter, challenged the validity of the said order before this Court in Writ Petition No. 18 of 1977. The said writ petition was dismissed on II.12.1978. The order passed by the Appellate Authority became final. Therefafter, it has been stated in the writ petition, an application under Sec. 13-A of the Act was filed by the Tehsildar before the Prescribed Authority claiming that the petitioner on 25.2.1970 agreed to transfer his 2 Bighas 7 Biswas and 12 Dhoors land and executed a sale deed dated 25.8.1971 which was Inadvertently not included in his holding. The said land was liable to be declared as surplus. The Prescribed Authority, on the said application issued notice to the petitioner. The petitioner on receipt of the notice filed an objection and pleaded that the sale deed executed by him was a bona fide transaction and was executed in good faith on the basis of the registered agreement dated 25.2.1970. The relevant evidence was produced by the petitioner in support of his case including the certified copies of the sale deed and the agreement. The witnesses were also examined. The Prescribed Authority, after going through the evidence on the record, recorded finding that the sale deed dated 25.8.1971 was a bona fide transaction and was executed for adequate consideration. Having recorded the said finding he discharged the notice dated 10.10.1980. Challenging the validity of the said order, an appeal was filed by the State Government . The Appellate Authority reversed the finding recorded by the Prescribed Authority and allowed the appeal by the impugned order dated 5.9.1986. Hence the present petition.