DAROGA Vs. COMMISSIONER GORAKHPUR

JUDGEMENT

(1.) D. K. Seth, J. In this case the petitioners had made an application under Sec tion 11 (2) of U. P. Imposition of Ceiling of Land Holdings Act, 1960. The said application was decided against the petitioners by an order dated 29- 5-1995. The petitioners preferred an appeal against the said order under Section 13 of the said Act, being Ceiling Appeal No. 28/3/m/1995. The said appeal is still pending. The petitioners had made application for stay of the operation of order dated 29-5-1995 and/or restraining the petitioners from dispossessing the petitioners pursuant to the said order. But the said application has yet not been disposed of. On the other hand the Collector, Maharajganj, is attempting to obtain possession, pursuant to the order dated 29-5-1995.

(2.) LEARNED Counsel for the petitioners Sri P. K. Misra, submits that the respon dents No. 4, 5 and 6 had also made an application under Section 11 (2) of the Act and their case was also decided against them. The said respondents do not have any interest adverse to that of the petitioners in the present case.

(3.) THERE cannot be any scope of two interpretations of the said provision. It is a statutory mandate on the Collector with regard to taking over possession in respect of the surplus land, which prohibits taking over possession on the condi tions enumerated in the said section. THEREfore, even in the absence of any applica tion of stay such order for taking over possession, cannot be implemented.