STATE OF U P Vs. SULTAN SHAH

JUDGEMENT

(1.) THESE four writ petitions are directed against the judgment of District Judge, Aligarh permitting Respondents, land holders to transfer vacant land without prejudice and subject to the rights of the parties under Sections 5(3) and 10(4) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act}. Since common questions of law and fact are involved in these writ petitions, they are being disposed of by this common judgment.

(2.) THE land involved in these writs is situated in Urban agglomeration of Aligarh.

(3.) SARNAM Singh wanted to sell his 1371.26 sq. meters vacant land to Smt. Prabhawati and others. He, therefore, gave notice under Section 26(1) of the Act to the Competent Authority, who observed that Sarnam Singh was holding land in excess of ceiling limit and he has no right to give notice under Section 26(1) of the Act because the intended transfer would be in violation of Sections 5(3) and 10(4) of the Act, Against that order an appeal was preferred by Sarnam Singh and the same was allowed with similar observations as mentioned above. The State has now filed the Writ Petition No, 2260 of 1983 against that decision of the appellate authority.