R.H.Zaidi, J. - (1.) In the above noted connected petitions, common questions of law and fact are involved, they also arise from the common judgments, they were, therefore, as prayed by the learned counsel for the parties, heard together and are being disposed of by this common judgment. The Writ Petition No. 14778 of 1987 shall be the leading case.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 28 5.1982 passed by the Prescribed Authority and 31.3.1987 passed by the appellate authority/Additional Commissioner (Administration), Moradabad Division, Moradabad under the U.P. Imposition of Ceiling on Land Holdings Act, for short the Act'.
(3.) The relevant facts of the case giving rise to the present petition, as stated in the writ petition, are that it was in the year 1955 that some tenure-holders residing in villages Telepara and Rajpura Kot, District Bijnor decided to form an Agricultural Farming Co-operative Society. It was on 11.10.1955 that the Co-operative Society was registered in the name and style of Telepara Co-operative Farming Society under the provisions of U.P. Co-operative Societies Act. Members of the society pooled their land in the said society and started carrying on agricultural operations. It was on 3.3.1959 that the Committee of Management of the said Society resolved for creating a trust for establishment of a Gaon Sadan, School, Hospital and certain other charitable purposes. For inauguration of the Trust, Shri Pranab Rao Deshmukh, the then Central Agriculture Minister was invited on 3.3.1959, who agreed to attend the said function and to inaugurate the Trust. The function was held on 10.3.1959. which was attended by thousands of persons in which foundation stone of Gaon Sadan was laid by Shri Deshmukh. There-after, Shri Deshmukh also made endorsement in the visitors' book. On 17.4.1959, in a meeting of the society, several persons donated 620 Bighas 3 Biswas land to the Trust for the charitable purposes. The trust deed is also stated to have been executed thereafter. The trust has since been in existence from the date of its creation, managing the affairs of the trust and its properties including the land. It was on 25.1.1969 that a resolution was passed by the trustees for merger of the trust in N.C. Jindal Charitable Trust. The name of the society was thereafter changed as Diwakar Sahkari Krishi Samiti Limited, Telepara with the permission of the Registrar, Co-operative Societies granted on 18.11.1970. The aforesaid facts will appear from the documents, the true copies of which have been filed as Annexures-1 to 9 to the writ petition and are also on the record of the case. In the revenue papers, land in dispute was also recorded in the name of aforesaid Trust. It was in the year 1974 that a notice under section 10(2) of the Act was issued to Shri D.S. Jindal calling upon him to show cause as to why the area specified in the said notice be not declared as surplus land. Notices were also issued to certain other persons. Shri D.S. Jindal filed an objection that he did not hold any agricultural land in the State of Uttar Pradesh. The notice served upon him was, therefore, liable to be discharged. Other persons also filed objections claiming that no land out of their holdings was liable to be declared as surplus. The parties produced evidence, before the Prescribed Authority, oral and documentary. The Prescribed Authority dismissed the objections filed by Shri Jindal and other persons. Challenging the validity of the order passed by the Prescribed Authority, an appeal was filed before the appellate authority. While the said appeal was pending, the Act was further amended by U.P. Act No. XX of 1976 and fresh notices were issued to Shri Jindal under section 10(2) and other persons to show cause as why the land specified in the said notices be not declared as surplus. Sri Jindal, on receipt of the said notice, filed objection pleading that he was not a tenure-holder of any land in the State of U.P. It was also pleaded that the land of other persons was illegally shown as to be owned by him. It was contended that he was simply the Chairman of the aforesaid Trust, the land owned by the Trust was exempted from the operation of the Act. Shri D.S. Jindal, in support of his submissions, produce evidence, oral and documentary, in rebuttal of which only the statement of one Naib-Tehsildar was recorded by the Prescribed Authority. From the material on the record, it was proved that Sri Jindal was not the tenure-holder of any land but the Prescribed Authority misreading and ignoring the material evidence on the record, dismissed his objection by its judgment and order dated 30.8.1976. Challenging the validity of the said order, the petitioner filed an appeal before the appellate authority. Another appeal was filed by the State Government. From the evidence on the record, the case of the petitioner was fully proved. The appellate authority, however, ignored the material evidence on the record and dismissed the appeal of Shri Jindal while the appeal filed by the State Government was allowed vide order dated 10.5.1978. Challenging the validity of the said order, two writ petitions were filed, i.e., Writ Petition No. 6042 of 1978 and Writ Petition No. 6700 of 1978 in this Court. This Court, after hearing the learned counsel for the parties, allowed the writ petition filed by Shri D.S. Jindal and remanded the case to the appellate authority for decision afresh in the light of the observations made in the judgment dated 1.4.1980. The appellate authority after remand, sent the inatter to the Prescribed Authority for issuance of notices to respondents No. 5 to 51, to afford them an opportunity for producing evidence and record findings on the relevant issues involved in the case. In compliance with the order passed y t e appellate authority, notices were issued to the persons concerned. They were also afforded opportunity to produce evidence. The Prescribed Authority vide its order dated 28.5.1982 recorded findings and sent the record of the case to the District Judge with his findings. Against the findings recorded by the Prescribed Authority, objections were filed by Shri Jindal and other persons. In the meanwhile, the provisions of section 13 of the Act were amended in the year 1986 whereby the powers of the appellate authority were conferred upon the Commissioner of the Division. Consequently, the appeal filed by Shri Jindal was transferred to the Commissioner, Moradabad Division, Moradabad, which was registered as Appeal No. 6 of 1986-87 while the appeal filed by Lalit Kumar was registered as Appeal No. 9 of 1986-87. The appeal was also filed by the State, which was registered as Appeal No. 10 of 1986-87. From the evidence on the record, the case of Shri D.S. jindal was fully proved but the appeal filed by Shri Jindal and of the State were only partly allowed while the Appeal No. 9 of 1986-87 filed by Lalit Kumar was dismissed by judgment and order dated 31.3.1987, hence the present petition.;