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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Subhash Vidyarthi, J.
Bhanvi Saran Singh And Others - Petitioner
Vs.
State of Uttar Pradesh - Respondent
WRIT - C No. - 3000102 of 1994
Decided On : 08-05-2024
AMENDMENT - CEILING ACT - Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, Section 9 (2); Uttar Pradesh Imposition of Ceiling on Land Holdings Rules, 1961, Rule 19 (2) and (3) - The court discussed the implications of issuing notices under the Ceiling Act to deceased tenure holders, emphasizing that proceedings cannot continue against a dead person. The court highlighted that the burden of proof lies with the State to establish claims of surplus land, and the failure to consider the death of the original tenure holder rendered the proceedings invalid. The court ultimately quashed the orders declaring land surplus, reinforcing the principle that legal proceedings must respect the rights of heirs and the necessity of proper notice.
Fact of the Case:
The petitioners sought to quash ceiling proceedings initiated against Hanuman Singh, who had died before the notice was issued under the Ceiling Act. The notice was issued in his name despite his death, and the petitioners argued that the proceedings were invalid as they were initiated against a deceased person.
Finding of the Court:
The court found that the notice issued under Section 9 (2) of the Ceiling Act was invalid as it was directed at a deceased individual. The court noted that the State did not deny the fact of Hanuman Singh's death, which was crucial to the proceedings. The court also criticized the Prescribed Authority for failing to consider the implications of the death and for placing the burden of proof on the petitioners instead of the State.
Issues: Whether the proceedings under the Ceiling Act can be initiated against a deceased tenure holder and the implications of such actions on the rights of the heirs.
Ratio Decidendi: The court held that proceedings under the Ceiling Act cannot continue against a deceased tenure holder, as established by prior case law. The court emphasized that the burden of proof lies with the State to demonstrate claims of surplus land, and failure to do so invalidates the proceedings.
Final Decision: The writ petition was allowed, and the orders declaring the petitioners' land as surplus were quashed. The court permitted the authorities to initiate fresh proceedings in accordance with the law.
Order on IA-08/24:
This is an application seeking amendment of the writ petition, whereby the petitioners have sought to amend the prayer clause. The learned Standing Counsel has also formally opposed the application without filing any written objection. As the amendment is formal in nature and it does not change the nature of the petition, the application for amendment is allowed. The learned counsel for the petitioners may incorporate necessary corrections in the memo of writ petition forthwith.
Order on Writ Petition:
1. Heard Sri Utkarsh Srivastava and Sri Rakshit Raj Singh Advocates, holding brief of Sri B.K. Saxena Advocate, the learned counsel for the petitioners and Sri S.K. Khare, the learned Standing Counsel for the State.
2. By means of the instant Writ Petition filed under Article 226 of the Constitution of India the petitioners have sought quashing of the entire ceiling proceedings initiated against Sri Hanuman Singh, the predecessor in interest of the petitioners, who had died before initiation of the proceedings.
3. It has inter alia been submitted in the writ petition that a notice under the Proviso appended to Section 9 (2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Ceiling Act) was issued in the name of Hanuman Singh, whereas Hanuman Singh had died in May, 1975, prior to issuance of the notice. The petitioners submitted a reply to the notice stating that the notice had been issued in the name of a dead person. It was further stated in the objection that Hanuman Singh had already transferred 35 bigha of his land through a registered sale deed as far back as in the year 1963 and, therefore, he was not holding any surplus land.
4. The matter was decided ex-parte on 18.02.1976, whereby 35 bigha land of Hanuman Singh was declared surplus. An application for setting aside the ex-parte order dated 18.02.1976 was filed, which was rejected by means of an order dated 20.08.1976. An appeal no.244/80 was filed under Section 13 of the Ceiling Act, which was allowed by means of a judgment and order dated 18.07.1984, passed by the District Judge, Lucknow and the matter was remanded to the Prescribed Authority for being decided afresh.
5. After remand, the learned Prescribed Authority has decided the matter by means of an order dated 02.05.1985 stating that the petitioners had been directed to file a copy of the recall application but they did not file the same and had sought adjournment of the case on the ground that their counsel had gone out of station. The Prescribed Authority rejected the adjournment application and held that as the tenure holder has not brought on record the restoration/revision or objection against the notice which had been filed within limitation, the earlier order dated 18.07.1976, by which 22 bigha 5 biswa 6 biswanshi and 17 kachhwanshi land of the petitioners mentioned in Forms 3 A, B and C was declared surplus, was confirmed.
6. The sole reason assigned for declaring the petitioners’ land to be surplus was that the petitioners had not filed copy of the restoration application or reply to the notice filed within limitation. The prescribed authority did not advert to the plea of the petitioner that the proceedings under the Ceiling Act had been initiated against a dead person.
7. The petitioners filed Appeal No. 13/85-86 under Section 13 of the Ceiling Act against the aforesaid order dated 02.05.1985, which was dismissed by means of the impugned judgment dated 13.09.1994, passed by the learned Additional Commissioner (Judicial), Lucknow Division, Lucknow, on the ground that while remanding the matter by means of the order dated 14.08.1976, the District Judge had directed the prescribed authority to decide the matter on its merits but this application dated 14.08.1976 (which was an application for recall) was not available on record and the petitioner did not produce its copy before the Prescribed Authority and, therefore, there was no need for any i
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