RAJ BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner-tenure holder was served with a notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (which shall here-in-after referred to as 'the Act') by the prescribed authority to show cause as to why an area of 53 Bighas and 12 Biswas land be not declared surplus. The petitioner filed his objection to the aforesaid notice. The prescribed authority vide its order dated 31st August, 1976, rejected the petitioner's objection and declared an area of 53 Bighas and 12 Biswas land belonging to the petitioner as surplus land under 'the Act'. Aggrieved by the order dated 31st August, 1976, the petitioner preferred an appeal being Appeal No. 224 of 1977 before the appellate authority/District Judge. The appellate authority vide its order dated 3rd August, 1977 allowed the appeal filed by the petitioner in part declaring an area of 44 Bighas, 16 Biswas and 15 Dhoors of land as surplus land. Before the aforesaid land declared as surplus by the appellate authority could be taken in possession by the State Government, the village concerned has been notified under the provisions of U. P. Consolidation of Holdings Act. During the consolidation operation, the total area of the petitioner's land has been reduced. In the meantime, the petitioner received notice dated 7th July, 1981 proposing to declare an area of 34 Bighas, 1 Biswa and 12 Dhoors as surplus land. The petitioner thereafter filed his objection to the aforesaid notice. During the pendency of the proceeding pursuant to the notice dated 7th July, 1981, another notice dated 18th January, 1982 under Section 10 (2) of 'the Act' was served upon the petitioner directing him to comply with the earlier order passed by the appellate authority dated 3rd August, 1977. The petitioner filed objection against the second notice dated 18th January, 1982. The prescribed authority before whom the matter of notices were pending ultimately consolidated both the cases and passed an order rejecting the petitioner's objection vide order dated 15th April, 1983 declaring an area of 44 Bighas, 16 Biswas and 15 Dhoors of land as surplus from the plot No. 683 and others and discharged the notice dated 7th July, 1981. Being aggrieved by the order dated 15th April, 1983, the petitioner preferred an appeal being Appeal No. 459 of 1983 before the appellate authority/Additional Commissioner, Allahabad Division, Allahabad. The appellate authority vide order dated 12th August, 1987 dismissed the appeal filed by the petitioner. Thereafter the petitioner filed a review application before the Commissioner against the order dated 12th August, 1987, which has been rejected by the Commissioner vide order dated 16th May, 1988. Thus, the petitioner approached this Court by means of present writ petition under Article 226 of the Constitution of India challening the orders dated 15th April, 1983, passed by the prescribed authority, 12th August, 1987 passed by the Additional Commissioner and 16th May, 1988 passed by the Commissioner, respectively.

(2.) HEARD learned counsel appearing on behalf of the parties.

(3.) IN view of the aforesaid law laid down by this Court and in view of the fact that the petitioner's area of land has been reduced during the consolidation operation and the petitioner's land being taken away for public purposes, the view taken by the prescribed authority as well as by the appellate authority, in my opinion, suffers from the manifest error of law.