COMPETENT AUTHORITY Vs. L J JHONSON

JUDGEMENT

(1.) (for self and for C. S. P. Singh, J.) .--This special appeal is directed against the judgment and order of learned Single Judge of this Court, dismissing a writ petition filed by the State of U. P. and another. The writ petition was filed against the judgment of the District Judge, Meerut. The District Judge, Meerut by his judgment disposed of an appeal filed by L. J. Jhonson, respondent No. 1 against the decision of the Competent Authority under Urban Land (Ceiling and Regulation) Act, 1976. This Act was enacted by Parliament.

(2.) THE first submission made on behalf of the appellant was that the writ petition was not cognizable by a Single Judge of this Court. Only a Division Bench had jurisdiction to hear and decide the case.

(3.) THE judgment impugned in the writ petition was rendered under the Urban Land (Ceiling and Regulation) Act, 1976, which is a Central Act and which has not been amended by any U. P. Act. Consequently such a judgment was liable to be challenged in a writ petition and in respect of such a writ petition a special appeal was not abolished. In other words the judgment of a learned Single Judge rendered in deciding such a writ petition was liable to be appealed against.