BHUDEO SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition arises out of proceedings under the Urban Land (Ceiling and Regulation) Act, 1976, hereinafter referred to as the Act.

(2.) In proceedings under the Act, the Competent Authority, Aligarh, declared 3350.07 Sq. metres of land belonging to the petitioner as vacant land in excess to the ceiling limit. Aggrieved, the petitioner filed an appeal. The appeal was dismissed by Sri N.N. Sharma, District Judge, Aligarh on 1-4-1980. Now the petitioner has filed the instant writ petition.

(3.) Before the appellate authority as also before this Court in writ petition it is being urged that the land, comprised in plot No. 1664/2, measuring 2764.22 Sq. metres, should not have been treated as vacant land as it was agricultural land. This contention was rejected by the appellate authority on the ground that in the Khasras of 1382 and 1383 Faslis, the land measuring 1 bigha 4 biswas was entered as Parti Purani and in the Khasra no crop was mentioned in these years. The learned Judge was of the view that in view of the explanation (B) to Section 2(o), the land could not be deemed to be mainly the agricultural land.