- (1.) S. U. Khan, J. Heard Sri Ravi Kiran Jain learned senior Counsel assisted by Sri Ayyub Khan learned Counsel for the petitioner, learned standing Counsel for original respondents State of U. P. and Additional Commissioner and Sri Pradeep Kumar learned Counsel appearing on behalf of Greater Noida Gautam Budh Nagar which has been impleaded through order dated 4-4-2007 passed on its impleadment application.
(2.) PRESCRIBED Authority under U. P Imposition of Ceiling on Land Holdings Act, 1960/additional Collector (F & R) Gautam Budh Nagar in case No. 5 of 2002 under Section 9 (2) of the Act, State v. Super Cassettes Industries Limited, passed an order on 17-12-2003 cancelling the notice dated 24-1-2002 under Section 9 (2) of the Act. Against the said order State filed appeal before Commissioner being Appeal No. 3 of 2003-04. In the appeal petitioner who is respondent therein raised an objection that appeal was not maintainable. Additional Commissioner (Administration), Meerut Division Meerut through order dated 29-10-2004 rejected the objection and held the appeal to be maintainable. This writ petition is directed against the said order of the appellate Court. Provision of appeal is provided under Section 13 (1) of the Act, which is quoted below : "any party aggrieved by an order under sub-section (2) of Section 11 or Section 12, may, within thirty days of the date of the order, prefer an appeal to the Commissioner within whose jurisdiction the land or any part thereof is situate". The question to be decided in this writ petition is as to whether the order of the prescribed authority against which appeal has been filed falls under sub-section (1) or sub-section (2) of Section 11 of Act. If the order falls under sub- section (1) then appeal is not maintainable.
(3.) UNDER Section 9 as it stood prior to 1973, prescribed authority was required by general notice published in the Official Gazette to call upon every tenure holder holding land in excess of the ceiling area applicable to him to submit within thirty days statement in respect of his holdings giving particulars as prescribed. By virtue of U. P. Act No. 18 of 1973, Section 9 as if stood till then was renumbered as sub- section (1) of Section 9. Sub-sections (2), (2-A) and (3) were added in Section 9 through the said amendment. Section 9 (2) alongwith its proviso is quoted below : "section 9 [ (2) As soon as may be; after the enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings Amendment) Act, 1972, the Prescribed Authority shall, by like general notice, call upon every tenure-holder holding land in excess of the ceiling area applicable to him on the enforcement of the said Act, to submit to him within 30 days of publication of such notice, a statement referred to in sub-section (1)] [provided that at any time after October 10, 1975, the Prescribed Authority may, by notice, call upon any tenure holder holding land in excess of the ceiling area applicable to him on the said date, to submit to him within thirty days from the date of service of such notice a statement referred to in sub-section (1) or any information pertaining thereto. ] It appears that under the powers granted by the aforesaid proviso general notice was issued on 24-1- 2002, copy of which is Annexure 2 to the writ petition. The said notice as it top contains the provision of Section 9 (2) of the Act. In the first para of the said notice given by Additional Collector (F& R) Gautam Budh Nagar, it is stated that as per report of Deputy Collector and Tehsildar, petitioner, had unauthorisedly encroached upon the land in question. Thereafter it is mentioned in the notice that every tenure holder who on 8-6-1973 possessed more land than permitted to be held under the Ceiling Act should file statement in CLH Form 2.;