HUKUM SINGH Vs. DISTRICT JUDGE, BULANDSHAHR AND OTHERS

JUDGEMENT

(1.) By this writ petition the Petitioner has challenged an order of the Prescribed Authority under the Imposition of Ceiling on Land Holdings Act passed on objections filed by certain persons Under Sec. 14(3) of the Act and an order of the District Judge, Bulandshahr, dismissing the Petitioner's appeal against that order as not maintainable.

(2.) It appears that Respondent No. 4 Smt. Asghari Begum was originally the tenure holder of a large number of plots including plot No. 642. Shortly before the proceedings started under this Act, the Respondent No. 4 by a sale deed dated 29 -4 -1967 sold plot No. 642 to the Petitioner. Notice Under Sec. 10(2) of the Act was issued to the Respondent No. 4 and plot No. 642 was also treated as a holding of Smt. Asghari Begum. Smt. Asghari Begum filed certain objections. Ultimately, by an order dated July 2, 1968, the Prescribed Authority held certain plots to be the surplus area and the remaining plots including plot No. 642 to be the ceiling area of Smt. Asghari Begum. This order became final, as no appeal was preferred by any party against it.

(3.) A notification was published in the official gazette dated November 16, 1968, setting put the plots which had been declared surplus land of Smt. Asghari Begum. Certain persons filed objections Under Sec. 14(3) of the Act By the impugned order dated June 27, 1969, the Prescribed Authority allowed some of the objections. The result of the allowing of these objections was that the area of surplus land was reduced. In order to make up this surplus area the Prescribed Author rity ordered that certain plots, which had been included in the ceiling area of Smt. Asghari Begum, will now be included in the surplus area. One of such plots was plot No. 642, which the Petitioner had purchased from Smt. Asghari Begum, Against the order of the Prescribed Authority directing plot No. 642 to be transferred from the ceiling area to the surplus area the Petitioner filed an appeal before, the District Judge, Bulandshahr. The District Judge has dismissed the appeal as not maintainable, The Petitioner has now challenged both these orders.