Allahabad High Court
Smt. Srikala vs State Of U.P. And Others on 4 April, 2022
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- WRIT - C No. - 3000009 of 1991
Petitioner :- Smt. Srikala
Respondent :- State of U.P. and Others
Counsel for Petitioner :- S.N. Saxena,Satendra Nath Rai
Counsel for Respondent :- C.S.C.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner and Sri J.P. Maurya, learned Additional Chief Standing Counsel for the State.
The instant writ petition has been filed with the following prayers:-
(i). Issue a writ, order or direction in the nature of mandamus directing the opposite parties not to demarcate and extract the land of the petitioner for the purposes of ceiling from the land which is in the name of the petitioner and not to interfere in the enjoyment and use and occupation of the land by the petitioner over the land which have been mutated in the name of the petitioner including the land which is mentioned in the judgments of the learned Prescribed Authority and the District Judge, Lakhimpur Kheri vide Anenxure-1 and 3 to the writ petition.
(ii). Issue any other suitable writ, order or direction which this Hon'ble Court may deem just and proper in the nature and circumstances of the case; and
(iii). award costs of the writ petition to the petitioner against the opposite parties.
Learned counsel appearing for the petitioner submits that, in fact, on 30th January, 1975 ceiling proceedings were initiated and on 30.08.1974, the mother of the petitioner filed an objection to the notice under Section 10(2) of the U.P. Imposition of Ceiling On Land Holdings Act, 1960, which was finally decided ex parte by the Prescribed Authority on 30th January, 1975.
Being aggrieved of the aforesaid order, the mother of the present petitioner filed an appeal under Section 13 of the said Act, which was decided finally on 10th March, 1976 on the ground of accepting the choice of the land. He further submits that since the matter was settled by the order passed in the aforesaid appeal finally, but all of a sudden in the year, 1991, the Revenue Authorities came forward and started objection on the land which was already mutated on the basis of the order passed in the appeal. He added that in fact the revenue authorities are encroaching and illegally possessing the land which was already settled vide order dated 10.03.1976.
Countering the aforesaid, learned Additional Chief Standing Counsel for the State opposes the contention aforesaid and submits that after the order passed in appeal on 10th March, 1976, the demarcation of the land was also done on 17.04.1976 and nothing remained to be adjudicated thereafter. He further added that in fact prayer made in the petition itself is a vague. He has also drawn attention towards the Annexure-2 appended with the writ petition, wherein, the area of irrigated and unirrigated land has been transcribed. He further submits that as per the fasli year 1423-1428, 3.1690 hectare land is recorded in the name of the heirs of the petitioner in category-1. Further 13.0720 hectare is recorded in the ceiling khata. He next submits that he has no objection if the order passed in Appeal No.910 of 1975 dated 10th March, 1976 is been kept in force.
Having heard learned counsel for the parties and after perusal of record, I find that the matter was settled finally after the proceeding under Section 13 of the U.P. Imposition of Ceiling On Land Holdings Act, 1960 vide finally deciding the appeal on 10th March, 1976 and as such all the disputes was set into the rest and the State as well as the counsel for the petitioner have no objection if the status of the tenure holder is kept in force as per the judgment of appeal dated 10th March, 1976.
Considering the aforesaid facts and circumstances of the case and after hearing the learned counsel for the parties and perusal of records, I find that the interest of justice would suffice if it is being directed to the authorities concerned that they should follow the mandate of the order dated 10th March, 1976, if it is not acted upon earlier.
Considering the aforesaid facts and circumstances, it is hereby directed that the authorities concerned shall act upon as per the judgment dated 10th March, 1976 passed in Appeal No.910 of 1975, if it is not acted upon earlier.
With the aforesaid directions, the writ petition is disposed off finally.
Order Date :- 4.4.2022/Ashutosh
