TRIBENI Vs. STATE

JUDGEMENT

(1.) In respect of plot No. 461 situated in Gorakhpur City, after the enforcement of the Urban Land (Ceiling and Regulations) Act, 1976 (Parliament Act No.33 of 1976) a statement under S.6(1) was filed by Tribeni, son of Munesar. According to him, the plot had a residential house with Sehan along with it. Also, that he had only 1/5th share in the property which was ancestral in character, his four sons also had 1/5th share each. After necessary enquiry, a draft statement was served by respondent No. 3 on the party interested. On May 31, 1977, the Competent Authority made an order saying that Tribeni alone was the owner of the entire area. He held that there was excess land in possession of Tribeni which was declared as vacant land. This order under S.8(4) of the Act was not assailed by Tribeni in any appeal taken against it under S.33. The order became final.

(2.) Subsequently, the final statement was served upon Tribeni and the particulars of the vacant land held in excess of the ceiling limit were published for information to the general public in the official gazette. An objection to it was filed by Tribeni under S.10 of the Act. The four sons filed two sets of objections one being by Anil Kumar and the other by Site Ram, Ram Adhar and Ramesh Kumar under S.10 of the Act. They claimed that they had 1/5th share each in the land and that the order saying that there was excess vacant land in plot No.461 was erroneous. The competent authority, after hearing these objections, together with the objections filed by Tribeni under S.10, passed an order on July 30,1979. The objections were rejected.

(3.) An appeal was jointly filed by Tribeni and his four sons against the order of July 30, 1979 under S.33 of the Act. This was ceiling appeal No. 379 of 1981. The District Judge, Gorakhpur who heard this appeal came to the conclusion that the order under S.8(4) having not been challenged and having become final, the appeal filed by Tribeni and his four sons was not maintainable. He dismissed the appeal without going into the merits of the contentions sought to be raised by Tribeni and his four sons. Thereafter, the present writ petition was filed in this Court.