STATE OF U P Vs. SATYABIR SINGH

JUDGEMENT

(1.) THESE two writ petitions raise common questions of law and facts and can be decided by a common judgment. The Appellate Authority decided the two appeals, out of which the present writ petitions arise, by a common decision dated 11-12-1979. Satyabir Singh moved an application under Sec. 26 of the Urban Land (Ceiling and Regulation) Act, 1976 for selling two plots measuring 3 bigha 4 biswa 14 biswansi in village Datal. The application was rejected on the ground that in the Master plan village Datala was shown as Krishi Hari Patti and Extractive Industries.

(2.) YASBIR Singh made a similar application under Section 26 for sale of a plot no. 80/2 measuring 3 bigha 4 biswa 14-1/2 biswansi situate in the same village. His application was also rejected on similar grounds.

(3.) MR. J. N. Tiwari, learned counsel for the Respondent raised a contention that these writ petitions can only be heard by a Division Bench and the learned single Judge was not competent to hear any writ petition in respect of a matter which came under the purview of a Central Act. In support of his contention he relied on a Division Bench authority of this Court in the case of Competent Authority, Urban Land Ceiling, Dehra Dun v. L. J. Johnson, 1978 AWC 529. The Division Bench held that Sec. 5 of the U. P. High Court (Abolition of Letters Patent Appeals) Act (14 of 1962) as amended by U. P. Act 31 of 1975 made it clear that a Single Judge of the Court could hear and decide any matter arising out of the Central Act provided it had been amended by any U. P. Act. Since the Urban Land (Ceiling and Regulation) Act, 1976, which is a Central Act and which has not been amended by the U. P. Act, the learned Single Judge is not competent to hear such a writ petition. The view taken in the above case could hold the field if the U. P. High Court (Abolition of Letters Patent Appeals) Act, No. 14 of 1962 had not been further amended. In the year 1981 the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Act, 1981 (U. P. Act no. 12 of 1981) came into effect and Section 5 was substituted completely. The Section now reads as follows :