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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
S.K. MISHRA, J.
State of Uttarakhand – Petitioner
Versus
Shams Ahmed and Others – Respondents
Writ Petition No. 533 of 2002
Decided On : 25-03-2022
Ceiling Land Holdings - U.P. Imposition of Ceiling on Land Holdings Act, 1960 - Section 10(2), Section 5 - 1960 Act - Summary of Acts and Sections: The court discussed the application of Section 5 of the 1960 Act, which imposed a ceiling on land holdings, and its interpretation as per the judgment of the Hon’ble Supreme Court. The court also highlighted the provisions of Rule 19 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Rules, 1961, and its application in determining the surplus land. The judgment emphasized the legal principles established in Raghunath Laxman Wani vs. State of Maharashtra and Bhikaba Shankar Dhumal (dead) by LRs. and Others vs. Mohan Lal Punchand Tathed and Others, which were followed in the present case. The court also discussed the principles of adverse possession and the conflict between orders passed by the Revenue Authorities and the authorities under the Consolidation Act.
Fact of the Case:
The State of Uttarakhand challenged the orders related to the determination of surplus land under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The case involved the application of Section 5 of the Act, the interpretation of the judgment of the Hon’ble Supreme Court, and the rights of legal heirs to the land holdings of the deceased tenure-holder.
Finding of the Court:
The court found that the orders passed by the learned Prescribed Authority and the Appellate Authority did not conform to the observations made by the Hon’ble Supreme Court and the High Court of Judicature at Allahabad. The court held that the matter should be re-considered by the learned Prescribed Authority in the light of the legal principles and observations made by the higher courts.
Issues: The issues included the determination of surplus land, the rights of legal heirs, the application of Section 5 of the 1960 Act, and the conflict between orders passed by different authorities.
Ratio Decidendi: The court set aside the orders passed by the lower authorities and remanded the matter back to the learned Prescribed Authority for re-consideration in the light of the legal principles and observations made by the higher courts.
Final Decision: The court allowed the writ petition, set aside the orders passed by the lower authorities, and remanded the matter back to the learned Prescribed Authority for re-consideration. The parties were directed to appear before the learned Prescribed Authority on a specified date.
JUDGMENT :
S.K. MISHRA, J.
1. By filing this writ petition, the petitioner, i.e. the State of Uttarakhand, has assailed the order dated 05.12.2001 (Annexure No. 5) passed by the learned Additional Commissioner, Kumaon Division, Nainital, in Civil Appeal No. 4/13 (Year 1999-2000), as well as the order dated 04.02.2000 (Annexure No. 3) passed by the Prescribed Authority/Additional District Magistrate (F&R), Udham Singh Nagar, in Ceiling Case No. 51/36 (Year 1990-91).
2. The facts of the case are as follows:
(ii) Aggrieved by the order dated 29.11.1975 passed by the Prescribed Authority, respondent Nos. 1 and 2 preferred an appeal, which was allowed by the Appellate Authority vide its order dated 14.02.1977, whereby the order dated 29.11.1975 was set-aside and it was directed that Notice under Section 10(2) of the 1960 Act be issued again.
(iii) Accordingly, Notice under Section 10(2) was issued again on 16.09.1978. The Prescribed Authority, vide its order dated 16.01.1981, held that there was no surplus land and, accordingly, cancelled the Notice issued under Section 10(2) of the 1960 Act.
(iv) The State of Uttarakhand (petitioner herein) preferred an appeal challenging the order dated 16.01.1981 passed by the Prescribed Authority, which was dismissed by the Appellate Authority vide its order dated 04.12.1981. Aggrieved thereby, the State of Uttarakhand (petitioner herein) filed a writ petition before the High Court of Judicature at Allahabad, which was dismissed on 30.09.1982.
(v) The State of Uttarakhand challenged the order dated 30.09.1982 before the Hon’ble Supreme Court. The Hon’ble Supreme Court, vide its judgment dated 05.11.1986 passed in Civil Appeal No. 3947 of 1986, allowed the appeal and set-aside the earlier orders passed in the matter. The Hon’ble Supreme Court held that, since Smt. Amana Begum was alive on 08.06.1973, on which date ceiling on the holdings in the State of Uttar Pradesh was imposed by Section 5 of the Act, she became liable to surrender the surplus land in her hands in excess of what she could retain in accordance with the said Section. The Hon’ble Supreme Court, accordingly, set-aside the orders passed by the High Court and the other authorities, and remanded the case to the Prescribed Authority for fresh disposal in accordance with law and in the light of its judgment, leaving all other questions open.
(vi) Pursuant to the judgment dated 05.11.1986 passed by the Hon’ble Supreme Court, a Ceiling Case was presented before the Prescribed Authority for disposal. During the pendency of the said Ceiling Case, Sri Daulat Ram (father of respondent Nos. 4 and 5), Sri Badhawa Ram (father of respondent Nos. 6 and 7), Sri Pyare Lal (father of respondent Nos. 8 and 9), Sri Chaudhary Ram (respondent No. 10), Sri Roshan Lal (respondent No. 11) and Sri Prem Nath (respondent No. 12) moved applications for their impleadment in the ceiling case. The Prescribed Authority, vide order dated 30.09.1991, rejected the said applications. An appeal was filed against the said order dated 30.09.1991, which was also dismissed on 18.02.1993.
(vii) The aforementioned respondents challenged the orders dated 30.09.1991 and 18.02.1993 by filing writ pe
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