Court No. - 36
Case :- WRIT - C No. - 23374 of 2018 Petitioner :- Shri Sachchida Nand And Another Respondent :- State Of U P And Another Counsel for Petitioner :- Ramesh Chandra Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The amendment application filed today is taken on record. The amendments are formal in nature.
There is no objection to the amendment application. The amendment application is allowed.
Let the necessary incorporation be made within the course of the day.
The present petition has been filed with the prayer to issue a direction to the Prescribed Authority under the Utter Pradesh Imposition of Ceiling on Land Holdings Act, 1960 to decide the objection filed by the petitioners under section 11 (2) of the Act. Submission of learned counsel for the petitioners is that the petitioners are successor of Janardan Bharti in whose favour, the decree dated 16.01.1969 was passed in a suit under Section 229-B of the Act with regard to the disputed property.
Submission is that the lands in dispute namely plots no. 264/2/4.9, 227/3/0.37 and 227/2/1.69 (new plot no. 44 Kha and 42) situated in village Jangal Belwa, Tappa Chaura Badgaon, Pargana Sidhwa Jobna, Tehsil Padrauna, District Kushinagar had been released in favour of Janardan Bharti in ceiling proceeding on an objection filed by him under Section 11(2) of the Act vide order dated 31.08.2007 on the basis of decree dated 16.1.1969.
In the proceedings in question initiated against the private respondents under the Ceiling Act, the aforesaid plots have been declared surplus without any notice or information to the petitioners or their predecessor-in-interest.
Submission is that the petitioners are in possession of the lands in question and as soon as efforts were made for dispossession of the petitioners, they filed objection under Section 11(2) of the Ceiling Act. On the said objection, the order was passed issuing notice to the private respondents. The matter is, however, pending since thereafter.
Only prayer made during the course of argument by the learned counsel for the petitioners is to issue a direction to the Prescribed Authority under the Ceiling Act namely the Additional District Magistrate, District Kushinagar to consider the objections filed by the petitioners in the year 2017 under Section 11(2) of the Act with reference to the plots in question after due notice and opportunity to all concerned.
To this submission, learned Standing Counsel could not raise any plausible objection.
In view thereof, without expressing any opinion on the merits of the claim of the petitioners, the writ petition is being disposed of with the direction to the Prescribed Authority namely the Additional District Magistrate, District Kushinagar to decide the objections filed by the petitioners in the year 2017 under Section 11(2) of the Act in Case nos. 86/36, 85/33, 31, 03/458/03 and 1/1/45/03, with reference to the plots in question, after due notice and opportunity to all concerned.
Order Date :- 26.7.2018 Brijesh