MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SHITLA Prasad Srivastava, J. This petition under Article 226 of the Costitu tion of India has been filed by the petitioner for quashing the order dated 24th June, 1974, Annexure-9 and order dated 6th March, 1990, Annexure-10 passed by the respondent Nos. 3 and 2 respectively and further a writ of man damus directing the respondents to ex clude the plots mentioned in the if-deed eluding the ceiling area of Late Sri Narain Singh.

(2.) A counter affidavit has been filed by the State and a rejoinder-affidavit is also there, therefore, with the consent of the parties, counsel the petition is being disposed of finally on merits.

(3.) A counter-affidavit has been filed on behalf of the State to the effect that the finding of fact has been recorded by the Prescribed Authority, which has been af firmed by the appellate authority, there fore, the finding of fact cannot be dealt within the writ jurisdiction. It has further been stated that Sanyukta Sehkari Samiti has no power to issue any permission for sale or gift of the land to any Khatedar and as such on the basis of any such permission no exemption can be granted to the petitioner, even though the application was filed before 24th January, 1971. In rejoinder-affidavit the facts stated in para graph 5 of the counter-affidavit has been denied and it is stated that since Chaud-hary Narain Singh was member of the Joint Co-operative Farming Society, Jwalapur, which is a registered society governed by laws, "adarsha Upridhyak Sehkari Krishi Samiti Ltd. " framed under U. P. Co-opera tive Societies Act, 1965 and there is a bar under Regulation 10-Gha of the bye-laws that the member of the Society cannot transfer their land within five years from the date of sale of the property, therefore, it was not incumbent on the petitioners to seek permission of Society for transferring the land. The relevant portion of the bye-laws have been filed as Annexure R. A. 1.