“Chutzpah” is a remarkable expression in Hebrew. Chutzpah is said to happen when a man kills his mother and father and then asks for clemency on the ground that he is now an orphan! Analogically speaking, there is something of a “Chutzpah” in the present case.

2. The petitioner has challenged the order of the Sub Divisional Magistrate, Berinag (District Pithoragarh) dated 2.5.2006 as well as that of the District Magistrate, Pithoragarh dated 13.9.2007, on the grounds that the same are illegal and without jurisdiction. In fact, a bare perusal of order dated 2.5.2006 would show that the said order which has been passed after a due enquiry, merely reiterates the position of law as it exists in the State of Uttarakhand. The Act relevant for the purposes is U.P. Imposing of Ceiling on Land Holdings Act, 1960 (from hereinafter referred to as the Ceiling Act). The legislature had passed the Ceiling Act in order to restrict land holding of a tenure holder to a certain limit and, thereafter, declare any excess land as surplus, and all such surplus land was to vest in the State. At the same time, certain categories of land such as the land used for tea, coffee or rubber plantation h