K. C. Agarwal, J. - (1.) :-
(2.) THIS writ petition has been preferred by the State of U. P. against the judgment of the District Judge, Allahabad, holding that neither the firm Sigma Chemicals, 332-A, Sukm Sarai, Allahabad, nor G.R.K. Shervani in the capacity of partner in the aforesaid firm owned land in excess of ceiling limit. Accordingly, the District Judge set aside the order of the Competent Authority who had declared 1550.67 square metres land as surplus. On the commencement of Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act'), the Competent Authority issued a draft statement to G.R.K. Shervani indicating that within the urban agglomeration of Allahabad, plot 184/1, measuring 3031 67 square metres was possessed by the aforesaid respondent G.R.K. Shervani. Out of this area, the notice stated, 276.11 square metres was covered with building. The Competent Authority proposed to declare 1550.67 square metres as excess vacant land. Against the draft notice, G.R.K. Shervani, respondent 3, including other respondents who were partners of Sigma Chemicals, filed an objection stating that the plot under reference belonged to the firm of which respondents 3 to 8 were the partners in varying shares and as each one of the partners had much less than the prescribed minimum for Allahabad, nothing was liable to be declared as surplus. Respondents 3 to 8 further claimed that the total covered area was 357.28 square metres and not 276.12 square metres. They claimed that the constructed area along with 500 square metres appurtenant land could not be treated to be vacant land.
(3.) BY the judgment and order dated 16-3-1981, the Competent Authority held that the land did not belong to Sigma Chemicals and it was owned exclusively by G.R K. Shervani. He found that the total area of the land was 3050.67 square metres and after permitting 1500 square metres as vacant land to be retained by respondent 3, the remaining 1550.67 square metres was liable to be declared as surplus. In the appeal, the District Judge reversed the finding of the Competent Authority and found that the land in question belonged to M/s. Sigma Chemicals. The view further taken was that each one of the partners of the firm would be deemed to have owned the land in proportion to their respective shares in the partnership. His view was that the notice issued to G.R.K. Shervani by the Competent Authority was invalid. According to his finding, if 337.28 square metres along with 500 square metres as land appurtenant to it was excluded, the total left would be 2193.39 square metres, and if the share of each individual partner is taken into account, no one could be held to possess land in excess of the ceiling limit. On this ground, he allowed the appeal and discharged the notice.;