STATE OF UTTAR PRADESH Vs. INDU BHUSHAN GUPTA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution arises out of the proceedings under the U.P. Imposition of Ceiling on Land Holdings Act. The facts, in brief, are these. One Shashi Bhushan Gupta was treated as the tenure -holder and the notice under Section 10(2) of the Act was issued to him. He did not file any objections, and therefore, 109.589 acres of unirrigated land equivalent to 72.688 acres of irrigated land were declared as surplus on 26.4.1974. Thereafter, his brother Indu Bhushan Gupta who is respondent No. 1 in the present petition, moved the Prescribed Authority under Section 14(3) of the Act. Thereafter, these proceedings went on initially under Section 14(3) of the Act and thereafter, under Section 14(5) etc. However, these proceedings abated in view of the deletion of the relevant provision of Section 14 and thereafter, Indu Bhushan Gupta took proceedings under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act read with Section 5 of the Limitation Act and also proceedings under Section 13A of the U.P. Imposition of Ceiling on Land Holdings Act. It is not necessary to go into details of the proceedings. Ultimately on 28.1.1980 an order was passed by the Prescribed which is Annexure 3 to the petition. The surplus area which had been initially declared in 26.4.1974 as 109.589 acres of unirrigated land, was now reduced to 31.452 acres of unirrigated land. In other words, there was a reduction of 78.137 acres of unirrigated land. This reduction was brought about by the Prescribed Authority on the ground that in an area of 81.202 acres in plot No. 151/2 of village Mehrajpur, the tenure -holder did not have any interest and that the said area of the said plot belonged to his brother Indu Bhushan Gupta and that the same had been attached and put up for auction for realising the government dues advanced to the said Indu Bhushan Gupta. The Prescribed Authority further stated in the impugned order that out of 81.202 acres of the said plot 78.137 acres stood included in the surplus land of the tenure -holder declared so on 26.4.1974. Therefore, it was thought proper that the said 78.137 acres of such surplus land should be excluded from the surplus land of the tenure -holder. In this way, the reduction was brought about in the area of the surplus land and instead 109.589 acres of unirrigated land only 31.452 of unirrigated land was now declared as surplus land by the aforesaid order dated 28.1.80.

(2.) FEELING aggrieved, the said Indu Bhushan filed an appeal and the same was allowed by the appellate court by its impugned judgment dated 19.10.1980, A true copy of the same is Annexure 4 to the petition and a certified copy of the said judgment is also on the record.

(3.) FEELING aggrieved, the State has now come up in the instant petition and in support thereof, I have heard the learned Standing Counsel. In opposition Sri Faujdar Rai, the learned counsel for the respondent No. 1, has made his submissions.