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IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI J.
Dinesh Verma And Anr. – Appellants
Versus
State Of Uttar Pradesh Thru Collector Lucknow And Anr. – Respondent
Writ C No.3000053 of 2005
Decided on : 16-05-2024
CEILING ACT - LAND HOLDINGS - Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, Sections 10(2), 5, 12, 38-B - The court discussed the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, particularly Section 10(2) which allows for the issuance of notices regarding surplus land. The court emphasized the importance of finality in previous proceedings and the limitations on re-determining surplus land under the Act, particularly in light of the amendments made in 1972 and 1976. The court interpreted Section 38-B as allowing retrials only under specific conditions, reinforcing the principle of res judicata in land ceiling matters. This legal framework influenced the court's decision to quash the notice issued to the petitioners, as the proceedings were initiated beyond the permissible time frame.
Fact of the Case:
The petitioners challenged a notice under Section 10(2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, issued to their father, Randhir Verma, regarding surplus land. The case involved historical transfers of land by their grandfather, Bindra Prasad, and previous legal proceedings that had declared certain lands as surplus. After the death of both Bindra Prasad and Randhir Verma, the state initiated new proceedings against the petitioners, which they contested as invalid due to prior final determinations.
Finding of the Court:
The court found that the initiation of fresh proceedings under the Ceiling Act was not permissible as it occurred long after the two-year limit set by the amendments to the Act. The court emphasized that the previous orders had attained finality and could not be disregarded by the state.
Issues: Whether the state could initiate fresh proceedings under the Ceiling Act after prior determinations had been made and attained finality, and whether the notice issued under Section 10(2) was valid.
Ratio Decidendi: The court held that the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, particularly Sections 5, 10(2), and 38-B, restrict the state from reopening matters that have been conclusively decided. The court reinforced the principle of res judicata in the context of land ceiling proceedings, stating that the state could not ignore previous final orders.
Final Decision: The court allowed the writ petition, quashing the notice dated 06.01.1999 and all proceedings initiated under it, ruling that they were unsustainable in law.
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Sri Mohd. Arif Khan, Senior Advocate assisted by Sri Abhishek Mishra, Advocate, the learned counsel for the petitioners and Sri Krishna Kumar Singh, the learned Standing Counsel.
2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioners have challenged the validity of a notice under Section 10(2) of the Uttar Pradesh Imposition of Ceiling On Land Holdings Act, 1960 (herein after referred to as ‘the Ceiling Act’), issued by the Prescribed Authority/Additional Collector (Administration), Lucknow on 06.01.1999, order dated 14.02.2005 passed by the prescribed authority rejecting the petitioners’ objection against the aforesaid notice, an order dated 31.08.2005 passed by the prescribed authority as well as the entire proceedings instituted by the notice issued under Section 10(2) of the Ceiling Act.
3. Briefly stated, facts of the case are that Bindra Prasad, grand father of the petitioners was tenure holder having separate Khata, whereas Randhir Verma, father of the petitioners, was also having his separate holdings. Bindra Prasad had executed various sale-deeds in the year, 1957 transferring an area of 842 Bihgas 18 Biswa 3 Biswansi 9 Kachwansi. The proceedings under the Ceiling Act were initiated against Randhir Verma by issuing a notice under Section 10(2) of the Act to him. Randhir Verma filed objections and by means of an order dated 24.12.1979, the prescribed authority declared 20 Bigha 5 Biswa 10 Biswansi land of Randhir Verma as surplus land.
4. Randhir Verma has filed an appeal against the order dated 24.12.1979 inter alia on the ground that considering the size of his family, he was entitled to retain 44.67 Bighas land and further that he had transferred 10 Bigha 2 Biswa 7 Biswansi land by means of a registered sale-deed executed in favour of his daughter prior to 24.01.1971 and it could not be included in his holdings while determining the ceiling area. The sale-deed executed by Randhir Verma, in favour of his daughter excluded the area of 10 Bigha, 2 Biswa 7 Biswansi from his holdings and, accordingly, the ceiling area was determined and the surplus land was declared.
5. Subsequently, another notice under Section 10(2) of the Ceiling Act was issued to Sri Randhir Verma on 16.12.1979 by clubbing the holdings which have already been transferred by Bindra Prasad through various sale-deeds executed in the year, 1957. By means of an order dated 05.04.1982, the Prescribed Authority declared an area of 842 Bighas 18 Biswa 3 Biswansi 9 Kachwansi in terms of irrigated land to be surplus land of the petitioners’ father Randhir Verma.
6. Randhir Verma filed a Miscellaneous Civil Appeal No. 176 of 1982 against the aforesaid order dated 05.04.1982. The appeal was allowed by means of an order dated 11.01.1983 passed by IInd Additional District Judge, Lucknow. The order dated 05.04.1982 passed by the Prescribed Authority was set aside and the matter was remanded for re-determination of surplus land, after giving opportunity of hearing to the transferees of Sri Bindra Prasad. The State of Uttar Pradesh filed a Writ Petition No. 407 of 1983 against the aforesaid order dated 11.01.1983, which was dismissed in limine by means of an order dated 25.01.1983.
7. The petitioners’ father Randhir Verma filed a Writ Petition No. 431 of 1983 and the transferees, who had purchased the land from Bindra Prasad in the year, 1957, filed Writ Petition No.2323 of 1983. Both the writ petitions were decided by a common judgment dated 10.10.1984, whereby both the writ petitions were allowed. The notice dated 26.12.1979 issued by the Prescribed Authority under Section 10(2) of the Ceiling Act and all the proceedings arising therefrom, were quashed. A mandamus was issued commanding the opposite parties to restore the entries in the revenue records in favour of the persons who had purchased the land from Sri Bindra Prasad, as they existed immediately before the passing of the ord
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The main legal point established in the judgment is the requirement to conform to the legal principles and observations made by the higher courts, particularly the Hon’ble Supreme Court and the High ....
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