TRIBHUWAN DUTT Vs. CIVIL JUDGE BAHRAICH

JUDGEMENT

(1.) THIS petition demonstrates the incalculable harm and injustice to which a tenure -holder can be exposed if the Prescribed Authority on whom rests the primary responsibility of implementing the provisions of U.P. Imposition of Ceiling on Land Holdings Act acts in complete disregard of the provisions contained in the Act.

(2.) IN response to a notice issued under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act to Smt. Rama Devi, Respondent No. 4, who had transferred the land in dispute by two registered sale deeds dated 12 -5 -1959 and 28 -7 -1959, before the prescribed date (20 -8 -1959 before the Act was amended on 8 -6 -1973) filed an application on 4 -4 -1963 alleging that the land of district Bahraich shown in the notice as her tenancy was incorrect as she had sold it and was not its tenure -holder. In the end it was added that in case any land was found surplus it may be taken from the land situated in Bahraich. The objection was supported by an affidavit. On 22 -4 -1963 the prescribed authority passed the following order:

(3.) THE mere fact that a person with exceptional speed or superhuman effort could have approached is no ground for refusing relief to another whose only fault may be lack of resources or poor advice etc. An illiterate litigant residing in a village unaware of the niceties of law needs a reasonable if not better treatment than a big business magnate or commercial head fighting his cause through law officer or the State Government or Union Government manning its litigation through an entire law department. If an explanation given by the law officer of a company or a Superintendent in the law department that the delay was caused due to correspondence and obtaining expert advice or instruction from the Government can be considered honest, just and bonafide, it is indeed callous to disregard the explanation of a poor, illiterate, ignorant villager whose total wealth is the land and to protect which he runs from pillar to post and is exploited at all hands whether it be the court staff or the lawyers' chamber.