The main legal point established in the judgment is the finality of the prescribed authority's order, the proper procedure for settlement and allotment of surplus land, and the importance of following the order of preferences mentioned in the U.P. Imposition of Ceiling on Land Holdings Act.

I. M. Quddusi, J.—Heard learned counsel for the petitioners and the learned standing counsel.

2. The brief facts of the case are that the prescribed authority vide its order dated 15.12.2003 declared 5.489 acre land belonging to the petitioners as surplus. The petitioners filed Appeal bearing No. 309 along with application for interim relief before the learned Additional Commissioner (Judicial), Devi Patan Mandal, Gonda. The Additional Commissioner, Devi Patan Mandal, Gonda while admitting the appeal stayed the order dated 15.12.2003 passed by the opposite party No. 3 till 28.2.2004 vide order dated 23.12.2003. Learned counsel for the petitioners has submitted that during the pendency of the appeal the opposite party Nos. 3 to 5 are trying to disturb the possession of the petitioner’s land. It is apprehended that the opposite party Nos. 3 to 5 are going to allot the land of the petitioners to some one else.

3. In view of the above, the authorities cannot take into consideration the order of the prescribed authority, which is not in existence at all.

4. When the order of the prescribed authority is not in existence as the same has been stayed by the Additional Commissioner and as such the petitioners has no surplus land, allotment of land of the petitioners taking the same as surplus, is arbitrary action on his part and violative of the provision of Article 300A of the Constitution of India. The provision of Article 300A is quoted as under :

“300A. Persons not to be deprived of property save by authority of law.—No person shall be deprived of his property save by authority of law.”

5. Besides the above, under Section 14 of the Ceiling Act, there are restrictions imposed upon the Collector for taking possession of the surplus land determined under Sections 11, 12 and 13 of the Ceiling Act in case the order passed under sub-section (1) of Section 11 by the prescribed authority has become final. The provisions of sub-section (1) of Section 14 of the Ceiling Act are also quoted as under :

“14. (1) The Collector shall at any time after :

(d) in case, where the order passed under sub-section (1) of Section 11 has become final, the date of its so becoming final ; or

(e) in case, where no appeal has been preferred under Section 13, the date of expiry of the period of limitation provided therefor ; or

(f) in case, where an appeal has been preferred under Section 13, the date of its decision.

take possession of the surplus land determined under Section 11, Section 12 or Section 13 and also of any ungathered crop or fruits of trees, not being crops or fruits to which sub-section (1) of Section 15 applies, after evicting any person found in occupation of such land, crops or fruits and may for that purpose use or cause to be used such force as may be necessary.”

6. A perusal of the above quoted provisions shows that it has been provided therein that in case where an appeal has been preferred under Section 13, after the date of its decision, the Collector may take possession of the surplus land meaning thereby the order of the prescribed authority cannot be treated to have become final unless the appeal is decided in case the same has been filed. But in case no appeal has been filed, it is open for the Collector to take possession of the surplus land only after the date of expiry the period of limitation provided for filing an appeal under sub-section (3) of Section 11 of U. P. Imposition of Ceiling on Land Holdings Act. It has been clarified that as to when the order of prescribed authority shall be treated as final in that sub-section. It has been provided that subject to the provisions of sub-section (2) of Section 13, the order of prescribed authority shall be final and conclusive and be not questioned in any court of law. In sub-section (2) of Section 12 also, it has been provided that subject to any appellate order under Section 13, the order of the prescribed authority under sub-section (1) of Section 12 shall be final and