LAWS(ALL)-2019-10-99

GURMEET SINGH Vs. ADDITIONAL COMMISSIONER ADMN.

Decided On October 22, 2019
GURMEET SINGH Appellant
V/S
Additional Commissioner Admn. Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Sri Sanjay Goswami, learned Additional Advocate General appearing for the State respondents.

(2.) This petition impugns the order dated 5 June 1998, 4 July 2008 and 13 March 1997 passed in proceedings initiated by the respondents under the U.P. Imposition of Ceiling on Land Holdings Act 19601. The petitioners claim to be bonafide purchasers of the land in question from one Chandra Bhan. The sale deed in their favour is stated to have been executed by Chandra Bhan on 21 May 1984. The respondents appear to have placed Chandra Bhan to notice of proceedings under the Act and upon his failure to respond, finalised the land liable to be declared surplus by order dated 13 March 1997.

(3.) It is the case of the petitioners that although they were bonafide purchasers and their names stood duly recorded in the revenue record, they were never put to notice of proceedings initiated by the respondents. Aggrieved by the declaration of surplus land, the petitioners instituted proceedings including for restoration and recall. On those applications being dismissed, the matter travelled to the Additional Commissioner who proceeded to reject the appeal on 4 July 2008. The principal ground which has weighed with the Additional Commissioner in rejecting the appeal was that the sale deed of 21 May 1984 was liable to be viewed as void since it represented a transfer made after 8 June 1973 (admittedly the date of commencement of the Act).