- (1.) Heard Sri A.K. Mishra and Sri Vatsal Srivastava, for the petitioner and Standing Counsel and Sri Rajesh Mishra, for the respondents. The writ petition has been filed for quashing the order of Prescribed Authority (respondent-3) dated 14.3.2013, rejecting the application of the petitioner under Section 12A of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) and for mandamus directing the respondents to accept choice of surplus land as given in the application of the petitioner under Section 12A of the Act.
(2.) The notice under Section 10(2) of the Act was issued to DCM Shriram Industries Limited (the petitioner) showing an area of 94 bigha 2 biswa 14 biswansi as surplus land with the petitioner. The petitioner filed an objection to the aforesaid notice, on which Case No. 144 was registered. The Prescribed Authority by order dated 6.4.1979 held an area of 76 bigha 16 biswa and 11 biswansi as surplus land with the petitioner. The petitioner filed an appeal (registered as Ceiling Appeal No. 98 of 1986-87) from the aforesaid order, which has been dismissed by Additional Commissioner, Meerut Division, Meerut, by order dated 30.7.1987 but surplus land has been enhanced to 79 bigha 12 biswa 5.2/3 biswansi. The petitioner filed a writ petition (registered as Writ-C No. 14929 of 1987) in which initially an interim order staying dispossession of the petitioner from the land in dispute has been passed on 12.8.1987.
(3.) It has been stated that inspite of the interim order dated 29.1.1986 from the appellate Court, the Sub-Divisional Officer (respondent-4) without taking possession over the surplus land, according to the provisions of the Act, executed various pattas of the land in dispute to the villagers on 26.3.1986, 27.4.1986 and 28.4.1986. The petitioner filed an application (registered as Case No. 94/1987-88) under Section 27(4) of the Act, for cancellation of the pattas, which was dismissed by the Additional Commissioner (Judicial) Meerut by order dated 24.3.1988. Then the petitioner filed another writ petition (registered as Writ-C No. 6387 of 1988) in which operation of the order of Prescribed Authority dated 26.3.1986, 27.4.1986 and 28.4.1986 and order of Additional Commissioner dated 24.3.1988 have been stayed.;