Order

1. Leave granted.

2. The appellant has challenged the decision of the High Court by which the High Court has dismissed the appellant's writ petition which had been filed in the following circumstances. The appellant was desirous of setting up a mushroom plant. For this purpose they required 35.16 acres of land. At that time a ceiling of 12.50 acres was prescribed for all landholders. This was subject to an exemption. The relevant section was 154(2) of the D.P.

Zamindari Abolition and Land Reforms Act (hereinafter referred to as "the Act"), as it then stood it read as follows:

"154. (2) Subject to the provisions of any other law relating to the land tenures for the time being in force, the State Government may, by general or special order, authorise transfer in excess of the limit prescribed in sub-section (1) if it is of the opinion that such transfer is in favour of a registered cooperative society or an institution established for a charitable purpose, which does not have land sufficient for its need or that the transfer is in the interest of general public." 3. The section was clarified by a Government Order which was issued on 30-5-1994 stating that the phrase "transfer in th