- (1.) HEARD Sri Ashok Mehta, Senior Advocate, assisted by Sri S.S. Sengar for the petitioners and Standing Counsel, for respondents -1 to 4, Sri Rajesh Yadav, for respondent -5, Sri Ramesh Pundir, for respondent -6, Sri R.P. Singh, for respondents -8 and 11.
(2.) THE writ petition has been filed against the order of Additional Commissioner (respondent -1) dated 07.11.2013, cancelling the pattas of the petitioners, in the proceeding under Section 27 (4) U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act).
(3.) IN the proceedings under the Act, against one Dheer Singh son of Ramlal, plots 210/1, 210/2, 210/3, 231/1 and 231/2 (total area 4.400 hectare) (new plots 407, 408 and 445 total area 3.879 hectare) of village Baduli Nayagaon, pargana Deoband, tahsil Rampur Maniharan, district Saharanpur were declared as surplus land by order dated 25.11.1974. After taking possession over the surplus land, the Collector Shaharanpur, by letter dated 24.03.1979, allotted it to Horticulture Department of State of U.P. by way of interim allotment. Subsequently, the Collector, by letter No. 1607 -1610/Ceiling dated 15.10.1980, recommended to State Government for permanent allotment of the land in dispute to Horticulture Department. Since the date of interim allotment, Horticulture Department occupied the land in dispute. It is alleged that over an area of about 2 bighas, the constructions were raised and tube well was installed. In remaining area, groves of fruit bearing and other trees were planted, some area was used for nursery and agricultural purposes. On the boundaries eucalyptus trees were planted. On the demand being made by public for allotment of the land in dispute to landless persons, the Collector called for report from Tahsildar, in respect of the land in dispute. Tahsildar, through letter dated 25.11.2002, reported that over an area of about 2 bighas, the constructions were raised and tube well was installed by Horticulture Department and in remaining area, scattered trees of mango and eucalyptus were standing and the land is also used for agriculture purposes. Thereafter, the Collector wrote a letter dated 22.02.2003 to Government of U.P. seeking necessary permission for allotment of the land to landless persons. However, the matter remained pending. The Collector send reminders in the year 2007 and 2009. Ultimately, Principal Secretary, State of U.P., through letter dated 19.10.2010, directed that 2 bighas area of plot no. 210, over which permanent construction has been raised by Horticulture Department, be allotted to it and remaining area be allotted to landless persons according to the Government Order dated 09.05.1984.;