PHOOL SINGH Vs. TULAI RAM GANGWAR

JUDGEMENT

(1.) For proper understanding, the predatory note of the petition is proliferated stating that proceeding under the provisions of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter called as the Act) were initiated against the father of the petitioner and the Prescribed Authority vide its judgment and order dated 8/06/1994 declares O. 630 hectares land as surplus (Annexure-1). Being aggrieved the State preferred an appeal against the said judgment and order dated 8/06/1994. During the pendency of appeal, petitioner's father died and petitioner was substituted in his place. The Appellate Authority decided the saidappeal vide its judgment and order dated 10-5-1995 declaring 2.422 hectares land as surplus (Annexure-2). Being aggrieved and dis-satisfied, petitioner filed writ petition No. 18840 of 1995 before this Court challenging the said judgment and order and this Court vide its order dated 14-7-1996, passed the following interim order :-

(2.) The aforesaid order dated 14/07/1995 was communicated to the opposite party No. 1 on 17/07/1995 and to other respondents in this contempt petition on 19/07/1995 (Annexure-3A and 3B). It appears that the High Officials of the State issued directions to the effect that the land which has been declared surplus under the provisions of the Act be allotted to Harijans and other landless persons without any delay. In order to comply with the said direction the respondents herein acted in such a enthusiasm that they tried to dispossess the petitioner from the said land, even by circumventing the order of this Court passed on 14/07/1995 and in pursuance of the said nefarious desire some of the opposite parties herein went to the village of the petitioner on 22/07/1995 and prepared a list of persons to whom the land of the petitioner could be allotted.

(3.) Petitioner, being very much vigilant, came to know about the contemptuous activities of the opposite parties and he lodged complaints immediately on 23/07/1995 to various authorities, (Annexure-6). Petitioner also filed the instant petition before this Court alleging that the opposite parties tried and are even now trying to dispossess the petitioner from the land in dispute, in spite of the fact that the ad interim ex parte order passed by this Court on 14-7-1995 was still in force. Petitioner also annexed a certificate dated 23-7-1996, issued by the village Pradhan and Chairman of Land Management Committee (hereinafter called the LMC) to the effect that the LMC had not passed any resolution, to allot the land of the petitioner to the Harijans and other landless persons, till that date. It has further been stated in the said certificate that Tehsildar had come on 22-7-1995 to the village and prepared a list of persons, who could be allotted the land of the petitioner, which had been declared surplus (Annexure-8).