RAMA SHANKER Vs. COMMISSIONER, GORAKHPUR DIVISION AND OTHERS

JUDGEMENT

(1.) By these writ petitions certain orders passed by the Commissioner, Gorakhpur Division, Gorakhpur, cancelling the leases granted to the petitioner or petitioners in each of these connected cases under Sec. 27 of the U. P. Imposition of Ceiling on Land Holdings Act, 1961 (hereinafter referred to as the Act) are sought to be quashed.

(2.) The admitted facts are that these leases were granted in respect of such land which was held by certain sugar factories and was declared surplus under the provisions of the Act. The leases were cancelled inter alia on the ground that they had been executed not by the Collector of the district but by some officer subordinate to the Collector,

(3.) Having heard counsel for the petitioners in each of these writ petitions and the Standing Counsel we are of opinion that the view taken by the Commissioner that the leases were invalid inasmuch as they had not been executed or signed by the Collector is correct and as such it is not necessary to go into the correctness of the other findings on which these leases have been cancelled, Sec. 25 of the Act reads:-