G.P. Mathur, J. - (1.) THIS writ petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued to the respondents (1) to recall the Notification No. 4429/VII -101/84 -86 dated 23.8.1986 and the letter No. 120/VII -DLRC/84 -86 issued by the District Magistrate and (2) to cancel the notification Issued by the Commissioner vesting the land in Ghaziabad Development Authority and making amaldaramad (mutation) of the name of the Ghazlabad Development Authority in the revenue papers, and also (3) to issue a writ of quo warranto calling upon the Commissioner, Meerut Division, Meerut to show under what authority he has issued the aforesaid notification.
(2.) THE writ petition was nominated to another Bench on 8.11.2001, but as the said Bench declined to hear it, the Hon'ble the Chief Justice passed a fresh order nominating the present Bench. The case was thereafter heard on 12.12.2001. The U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951) (in short U.P.Z.A. and L.R. Act) was enacted to provide for abolition of the zamindari system which involved intermediaries between the tiller of the soil and the State in the Uttar Pradesh and for acquisition of their rights, title and interest and to reform the law relating to the land tenancy consequent upon such abolition and acquisition and to make provision for other matters connected therewith. The Act was published in the gazette on 26.1.1951 and came into force at once. Section 4 (1) of the Act provided that the State Government may, by notification, declare that, as from a date to be specified, all estates situate in Uttar Pradesh shall vest in the State and, as from the beginning of the date so specified (hereinafter called the date of vesting), all such estates shall stand transferred to and be vested, except as thereafter provided in the Act, in the State free from all encumbrances. The notification contemplated by this sub -section was issued on 1.7.1952 and zamindari stood abolished in the State of Uttar Pradesh from the said date. Section 6 provided for the consequences of the vesting of an estate in the State and it clearly lays down that when the notification under Section 4 has been published in the gazette, all rights, title and interest of all the intermediaries in every estate in such area and in all sub -soils in such estates including rights, if any, in mines and minerals, whether being worked or not, shall cease and be vested in the State of Uttar Pradesh free from all encumbrances. Therefore, with effect from 1.7.1952 all rights, title and interest in every estate and in all sub -soils in such estates stood vested with the State of Uttar Pradesh free from all encumbrances. Sub -section (1) of Section 117 of the Act provided that at any time after the publication of the notification referred to in Section 4, the State Government may, by general or special order to be published in the manner prescribed, declare that as from the date to be specified in this behalf, all or any of the things specified in Sub -section (1) like lands (except lands for the time being comprised in any holding or grove), trees (other than trees in holding or grove or abadi), fisheries, tanks, ponds, pathways and abadi sites etc., which had vested in the State under the Act, shall vest in the Gaon Sabha or any other local authority established for the whole or part of the village. The action impugned here was taken under Sub -section (6) of Section 117 and, therefore, the same is being reproduced below : "(6) The State Government may at any time, by general or special order to be published in the manner prescribed, amend or cancel any declaration, notification or order made in respect of any of the things aforesaid, whether generally or in the case of any gaon sabha or other local authority, and resume such things, and whenever the State Government so resumes any such thing, the gaon sabha or other local authority, as the case may be, shall be entitled to receive and be paid compensation on account only of the development, if any, effected by it in or over that things : Provided that the State Government may after such resumption make a fresh declaration under Sub -section (1) or Sub -section (2) vesting the thing resumed in the same or arty other local authority (including a gaon sabha), and the provisions of sub -sections (3), (4) and (5), as the case may be, shall, mutatis mutandis apply to such declaration."
(3.) THERE is no dispute that as contemplated by Sub -section (1) of Section 117, a general order was published and management and possession of all lands (except the land for the time being comprised in any holding or grove), forests, etc. vested in the gaon sabha. This fact is admitted also in ground No. 1 of the writ petition. The Commissioner, Meerut Division, Thereafter, passed an order on 23.8.1986, by which large number of plots of village Makanpur, Pargana Loni, Tehsil Dadri, district Ghaziabad, were resumed. It is this order of resumption which is the subject -matter of challenge in the writ petition. The copy of the order filed by the petitioners as Annexure -5 to the writ petition is wholly incorrect and a correct copy of the same has been filed as Annexure -1 to the supplementary counter -affidavit (sworn by Anand Swaroop Sharma) filed in Court on 11.12.2001.;