Prakash Krishna, J. - (1.) The present writ petition arises out of proceedings l under the U.P. Imposition of Ceiling on Land Holdings Act, 1961. A notice under section 10 (2) of the aforesaid Act was issued to Om Prakash, the tenure holder who is respondent No. 3 herein for declaration of proposed surplus land measuring 16.70 acres. An objection to the said notice was filed by the tenure holder. The Prescribed Authority by the order dated 27th of February, 1976 determined the 14.75 acres of land as surplus. The surplus land was proposed to be taken out from plot Nos. 79, 84, 96, 77 and 81 under the aforesaid order. The said order was challenged unsuccessfully in Civil Appeal No. 68 of 1976 by the tenure holder. He further challenged the two orders against him by way of writ petition in the High Court which was allowed and the matter was remanded back to the First Appellate Authority for reconsideration who by the order dated 12th of August 1990 found that the surplus land of the tenure holder, respondent No. 3, stands reduced to 12.47 acres and directed the Prescribed Authority to obtain the choice from the landholder within 15 days and then proceed further in the matter in accordance with law.
(2.) Thereafter, before the Prescribed Authority, applications were filed by Ashok Kumar, respondent No. 4 herein and Subhash Chandra, the respondent No. 5 herein separately under section 11 (2) of the Act on the pleas inter alia that the tenure holder Om Prakash ceased to have any right, title or interest in respect of the plot No. 84 area 9.22 acres. They came out with the case that the said land was sold by Om Prakash, the tenure holder on 14.2.1972 to Ashok Kumar. There were some outstanding Government dues against Ashok Kumar and the said plot was auctioned sold by the District Magistrate for a sum of Rs. 7,000/- in favour of Subhash Chandra. In substance it was pleaded that Subhash Chandra, respondent No. 5 herein being the auction purchaser has matured his right in plot No. 84 and as such the said plot should be excluded from the consideration of the choice given by the tenure holder. The Prescribed Authority by the order dated 8.6.1982 found that the said plot was sold by the tenure holder before the appointed date i.e. 8.4.1973 and as such the said sale was for valuable consideration and in good faith, therefore, the area of the said plot is liable to be excluded from the hands of the tenure holder. Resultantly, the Prescribed Authority reduced the surplus land from 12.47 acres to 3.69 acres by the order dated 8.6.1982. In appeal being Civil Ceiling Revenue Appeal No. 68 of 1982 the said order has been confirmed by the Court below on 25.10.1983. Challenging the legality and validity and propriety of the afore stated two orders dated 8.6.1982 and 25.10.1983, the present writ petition has been filed.
(3.) In the writ petition it has been stated that even if the sale deed executed by the tenure holder in favour of Ashok Kumar is considered a bona fide transaction, though it was after the appointed date the authorities below, while excluding the 8.78 acres from the hands of Om Prakash, should have declared the surplus land measuring 8.78 acres from other plots of Om Prakash.;