RAJNI KANT SAHAI Vs. STATE OF U P

JUDGEMENT

(1.) The question which requires consideration here is whether a special appeal lies against the judgment of a single Judge rendered in a writ petition under Article 226 of the Constitution wherein orders passed by the Prescribed Authority under Utta.r Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) had been challenged.

(2.) The appellant filed a writ petition challenging several orders passed by the prescribed authority whereby his 24 bighas of land was declared as surplus and the application moved by him indicating his choice of the plots which he wanted to retain was rejected. The writ petition was dismissed by a learned single Judge by the judgment and order dated 9.9.1997 and the present special appeal has been filed assailing the said judgment. The provision for special appeal is contained in Chapter VIII, Rule 5 of the Allahabad High Court Rules. 1952 (for short High Court Rules) and in terms thereof, no special appeal is maintainable against the Judgment of a single Judge rendered in exercise of jurisdiction conferred by Article 226 or 227 of the Constitution in respect of any judgment or order of a Tribunal made or purported to be made in exercise or purported exercise of Jurisdiction under any Uttar Pradesh Act or under any Central Act with respect to any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the Constitution. In terms of the language of the Rule, the present special appeal will not be maintainable if the judgment and orders assailed in the writ petition were given by a Tribunal. Sri Triveni Shanker learned counsel for the appellant has submitted that the orders impugned in the writ petition had not been given by a Tribunal and, therefore, the present special appeal is maintainable.

(3.) In order to examine the contention raised, it will be convenient to briefly refer to the scheme and some of the provision of the Act. As the preamble shows, the U. P. Imposition of Ceiling on Land Holdings Act, 1960 was enacted to provide for imposition of ceiling on land holdings in Uttar Pradesh and certain other matters connected therewith. The object of the Act is to provide a more equitable distribution of land, to ensure increased agricultural production and to provide land for landless agricultural labourers and for other public purposes as best to subserve the common good. Section 3 (13) defines a prescribed authority and it means such officer not below the rank of an Assistant Collector of the First Class as may be empowered by the State Government by notification in the gazette to perform functions of prescribed authority under the Act for such area or areas as may be specified in that behalf, Chapter II of the Act deals with imposition of ceiling on land holdings, exemption and acquisition of surplus land. Section 5 lays down that on and from the commencement of Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act. 1972, no tenure-holder shall be entitled to hold in the aggregate throughout Uttar Pradesh. any land in excess of ceiling area applicable to him. Section 9 lays down that the prescribed Authority shall by general notice, published in the official gazette, call upon every tenure-holder holding land in excess of the ceiling area applicable to him on the date of enforcement of the Act. to submit to him within 30 days, a statement in respect of all his holdings. The prescribed authority is also required to issue a general notice in the like manner. Section 10 lays down that where a tenure-holder fails to submit a statement or submits an incomplete or incorrect statement as required by Section 9, the prescribed authority shall, after making such enquiry, as he may consider necessary cause to be prepared a statement containing such particulars as may be prescribed and shall thereupon cause to be served upon every such tenure-holder a copy of the statement so prepared. Section 11 provides for determination by the prescribed authority of the surplus land where no objection is filed. Section 12 lays down that where objections are filed the prescribed authority shall, after affording the parties reasonable opportunity of being heard and of producing evidence, decide the objections after recording his reasons and determine the surplus land. Section 12A deals with choice of the tenure-holder regarding plots he would like to retain as part of the ceiling area applicable to him. Section 13 gives a right of appeal to a party aggrieved by an order under Section 11 or 12 of the Act. Section 14 gives power to the Collector to take possession of the surplus land after the order passed under Section 11 or 12 as the case may be has become final. Section 17 lays down that every tenure-holder whose surplus land is vested in the State shall be entitled to receive and be paid an amount as laid down in the Schedule. Under Section 18 all proceedings relating to assessment and payment of amount payable under Section. 17 are to be laid before the Prescribed Authority who is required to prepare a draft assessment roll under Section 19. The disposal of objections to the draft assessment roll is to be done by the prescribed authority after affording an opportunity to the objector of producing evidence. Section 37 provides that any officer or authority holding an enquiry or hearing an objection under the Act, shall, in so far as it may be applicable, have all the powers and privileges of a civil court, and follow-the procedure laid down in the Code of Civil Procedure, for the trial and disposal of suits relating to immovable property. Section 3SA empowers the prescribed authority to require any tenure-holder to furnish such particulars by affidavit in respect of the land held by him and members of his family as may be prescribed. Section 39 lays down that no suit, prosecution or other legal proceedings shall lie against any person for anything done or purported to be done in good faith in pursuance of the Act or any rule framed or order passed under the Act. Rule 5 of U. P. Imposition of Ceiling on Land Holdings Rules, 1961 provides that all proceedings under the Act shall be held before the prescribed authority within whose Jurisdiction the tenure-holder ordinarily resides.