PARAM HANS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri. C.K. Rai, learned counsel for the petitioner and learned standing counsel for the State. The petitioner has challenged the legality of the order passed by the learned Commissioner in proceedings under Subsection 4 of Section 27 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960.

(2.) The Commissioner has rejected the application filed by the petitioner on the ground that the petitioner has failed to implead all the allottees and even otherwise the allotments are valid.

(3.) The contention of the petitioner is that the land in dispute was subject-matter of ceiling proceedings and the appellate authority proceeded to decide an appeal vide judgment and order dated 27th May, 1991 which was in favour of the petitioner tenure-holder. Aggrieved, the State filed a writ petition before this Court challenging the said order in writ petition No. 11849 of 1992. The said writ petition was admittedly dismissed on 12th March, 1996. As a consequence thereof the allotment of the land which was made in the year 1990 during the pendency of the proceedings had to be annulled as in view of the aforesaid decision that has attained finality the disputed land never vested in the state and, therefore, could not have been the subject-matter, of allotment. The learned Commissioner has completely over looked this aspect of the matter and the learned counsel contends that the application moved by the petitioner has been erroneously rejected.