STATE OF U P Vs. DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) THIS petition is directed against an order of the District Judge, Dehradun, dated 31st August, 1981 allowing an appeal under Section 33 of the Urban Land (Ceiling and Regulation) Act, 1976, hereinafter referred to as the Act.

(2.) RESPONDENT No. 2 Baba Kali Kamliwala Panchayati Kshetra Rishikesh, Dehradun had sent a notice purporting to be under section 26 of the Act to the Competent Authority under the Act at Dehradun intimating that a particular plot of land situate in Dehradun city belonging to respondent no. 2 was proposed to be sold and transferred. It appears that instead of proceeding under section 26 of the Act, the Competent Authority passed an order directing the Sub-Registrar, Dehradun not to register the sale deed executed by respondent no. 2 transferring the said land. Representations were made by respondent no. 2 to the Competent Authority, but it seems they were of no avail. Ultimately by an order dated 11-12-1980 respondent no. 2 was informed that the earlier orders had also been passed and it was open to respondent no. 2 to take such action as it desired. Aggrieved by the aforesaid order, respondent no. 2 filed an appeal under section 33 of the Act before the District Judge, Dehradun. Learned District Judge allowed the appeal and set aside the order of the Competent Authority containing the aforementioned directions. The learned District Judge held that the appeal was maintainable. RESPONDENT no. 2 was registered as a society under Societies Registration Act and it was exempt from the provisions of Section 19 of the Act. Consequently the Competent Authority was not right in declaring that the notices were illegal or that respondent no. 2 was incompetent to execute the sale deeds.

(3.) AS regards the maintainability of the appeal two contentions have been raised. Firstly, that the order dated 11th December, 1980 as passed by the Competent Authority was not an appealable order and secondly that the appeal, in any event, was filed beyond time provided under section 33 of the Act.