RAMU Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.P. Tewari, counsel for the petitioners and Sri H.N. Singh, Senior Advocate assisted by Sri Dileep Kumar Srivastav, Sri Omkar Nath Rai and Standing Counsel, for the respondents.

(2.) The writ petition has been filed for quashing the order of Commissioner Gorakhpur Division, Gorakhpur, dated 20.01.2014, passed in the proceeding under Section 27(4) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act), by which the application of the petitioners filed on 28.07.2001, for recalling the order dated 20.05.1978 canceling lease of the petitioners, was rejected.

(3.) It has been stated that in the proceeding under the Act against Severahi Sugar Mills, land in dispute was declared surplus. Sub-Divisional Officer Padrauna executed a lease deed dated 30.12.1973 of plot 1136-M (area 3.12 acre) of village Sapha, tahsil Padrauna, district Deoria, in favour of Dinanath under the provisions of Government Grant Act, 1895. Subsequently, on the report of Tahsildar dated 08.02.1976, the Commissioner initiated proceeding (registered as Case No. 132/D of 1976) under Section 27 (4) of the Act, by order dated 29.05.1976 for cancellation of the lease deed. The Commissioner, by order dated 20.05.1978, held that surplus land ought to have been allotted to the landless schedule castes persons of the village first. Dinanath was not resident of the village Sapha as such he was not coming in preferential category. On these findings, lease deed dated 30.12.1973 was canceled and the Collector was directed to take possession over the land allotted to Dinanath. Thereafter, the land in dispute was allotted to Balister and others (respondents-3 to 7) in the year 1983.