STATE OF U P Vs. ADDL COMMISSIONER MEERUT

JUDGEMENT

(1.) This Writ Petition has been filed by the State of U.P. Challenging the order dated 26th July, 1995 passed by the Respondent No.1 in two appeals arising out of a common order of the prescribed authority in proceedings under the U.P. Imposition of Ceiling on Land Holdings Act 1960. The prescribed authority had partly allowed the objections filed by Respondent No.2-tenure holder and partly rejected the same. Consequently, the Respondent No.2 and the petitioner-State both filed appeals. Both the appeals have been decided simultaneously. The appeal filed by the petitioner State has been dismissed but the appeal filed by the Respondent No.2-tenure holder has been allowed. The proceedings under the Ceiling Act has been dropped and the appellate authority has held that there is no land surplus in the hands of the Respondent No.2. The State aggrieved has filed this petition.

(2.) The back ground of the case in which this dispute arose is that one Atma Ram was the tenure holder of land in village Sarsohandi and Sahsawan. This land according to the Respondent No.2 was exclusively in the name of Atma Ram who was his father and who was living separately the area whereof was much less than the ceiling limit prescribed under the 1960 Act.

(3.) Consequently, Atma Ram did not have any holding in excess of the ceiling area to be determined and therefore no notices were issued to him. Since he had land less than the ceiling limit he was entitled to dispose of the same being the tenure holder thereof and during his life time he executed a registered Will on 23.2.1982. He died on 22.9.2001 and on the strength of the said Will the beneficiaries thereunder applied for mutation which was carried out on 7.12.1991. Thus Atma Ram had bonafidely made this arrangement during his life time and there was nothing to indicate that this transaction was even remotely carried out with a view to avoid ceiling proceedings. As a matter of fact Atma Ram was never put to any such notice or subjected to any such proceedings.