PUNJAB NATIONAL BANK Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) MUSAMMAT Veeren Kunwar was a big tenure holder. She mortgaged part of her agricultural land comprised in Plot No. 153 area about 50 bighas with Punjab National Bank. The area of the land mortgaged is 49 bigha 13 biswa 6 biswansis and 10 kachwansis (about 50 bigha) comprised in Plot No. 153, Khata No. 65 Village Paharpur Tehsil Anupshahr district Bulandshahr (para 4 of the writ petition). The mortgage was without possession hence there was no question of inclusion of the name of the Bank in the revenue records. Proceedings for declaration of surplus land under U.P. Imposition of Ceiling On Land Holdings Act, 1900 were initiated against Smt. Veeren Kunwar. About 55 bigha land belonging to her was declared as surplus land. Thereafter she gave the choice of the land to be taken as surplus land and mentioned in the said choice that the land of Plot No. 153 might be taken as surplus land (this land she had already mortgaged with the bank). When bank came to know about these proceedings, it filed application under Section 13A of the Ceiling Act before the prescribed authority under Ceiling Act of Tehsil Anupshahr, district Bulandshahr in Case No. 158. The matter was decided by the prescribed authority against the Bank on 6.10.1980. The prescribed authority held that according to the report of the Tehsil, if the land in dispute was not taken as surplus land then there would be no land available to the tenure holder Smt Veeren Kunwar as all other land had been sold by her. Against order dated 6.10.1980, petitioner bank filed Appeal No. 30 of 1985 -86. Additional Commissioner, Meerut Division Meerut through judgment and order dated 24.7.1986, dismissed the appeal hence, this writ petition.

(3.) THE case of the petitioner is based upon Section 12A(c) of the Ceiling Act, which is quoted below: