1. Heard learned counsel for petitioners, learned counsel for respondent Gram Sabha and learned Standing Counsel for the State.
2. Petitioners have approached this Court challenging the order dated 04.11.2004 (annexure no.1 to the writ petition) passed by respondent no.2 Additional Commissioner (Administration), District-Lucknow in exercise of his power under the U.P. Imposition of Ceiling of Land Holding Act, 1960 (Rural Ceiling Act, 1960). By the said order, the ceiling authority has directed that the pattas issued in the year 1999 with regard to excess ceiling land were wrongly issued and could not have been issued. He has, therefore, directed for cancellation of the said pattas.
3. Learned counsel for petitioners submits that petitioners were issued pattas by the gram sabha with regard to the land which belong to the gram sabha and not with regard to the land which was excess under the Rural Ceiling Act, 1960.
4. Learned Standing Counsel and learned counsel for gram sabha on the other hand raised an objection that there is still no order of cancellation of pattas of the petitioners passed with regard to the gram sabha land. The present writ petition at this stage is pre-mature. The authorities would not be passing any order of cancellation of pattas of the gram sabha land when there is specific direction that by the impugned order only pattas issued with regard to the excess ceiling land are to be cancelled.
5. Learned counsel for petitioners also could not produce any order by which in furtherance of the impugned order dated 04.11.2004 any patta of the petitioners has been cancelled. Learned counsel for petitioner further submits that pattas given to the petitioners are with regard to the gram sabha land as is reflected by order dated 20.09.2000 (annexure no.2) in which details of the pattas of the petitioners are given.
6. It goes without saying that ceiling authority has passed order only with regard to the land covered under the Ceiling Act, 1960. The said order is with regard to cancelling the pattas issued under the ceiling land and has no concern with regard to the pattas granted to the petitioners under the gram sabha land.
7. In view thereof, from the very perusal it is clear that the impugned order nowhere in any manner impacts the rights of the petitioners. Since till date no order of cancelling the pattas of the petitioners is passed, present petition appears to have been filed under the apprehension that any order cancelling pattas of petitioners might be passed. In view of the aforesaid facts and circumstances of the case, I find that no relief is required to be granted in the present writ petition at this stage. It shall however be open for the petitioners, in case any of their right is affected by the impugned order dated 04.11.2004, to take appropriate application/proceedings at the appropriate stage.
8. With the aforesaid, present writ petition is disposed of.
Order Date :- 25.8.2021 Arti/-
(Vivek Chaudhary,J.)