N.D. Ojha, J. - (1.) By these writ petitions certain orders passed by the Commissioner, Gorakhpur Division, Gorakhpur, cancelling the leases granted to the petitioner or petitioners in each of these connected cases under Section 27 of the U. P. Imposition of Ceiling on Land Holdings Act, 1961 (hereinafter referred to as the Act) are sought to be quashed.
(2.) The admitted facts are that these leases were granted in respect of such land which was held by certain sugar factories and was declared surplus under the provisions of the Act. The leases were cancelled inter alia on the ground that they had been executed not by the Collector of the district but by some officer subordinate to the Collector,
(3.) Having heard counsel for the petitioners in each of these writ petitions and the Standing Counsel we are of opinion that the view taken by the Commissioner that the leases were invalid inasmuch as they had not been executed or signed by the Collector is correct and as such it is not necessary to go into the correctness of the other findings on which these leases have been cancelled, Section 25 of the Act reads:- "25. Use of surplus land for other public purposes. - The State Government may, instead of settling any surplus land in accordance with the provisions of this Act, use or permit the use either temporarily or permanently of the whole or any portion of such land for any purpose for which such land could have been acquired under the Land Acquisition Act, 1894." Sections. 26 to 28 of the Act deal with the settlement or letting out of the surplus land and the terms and conditions of the settlement etc. A perusal of Section 25 makes it clear that the State Government can use the land which has been declared surplus under the Act in three manners - (1) settle the said land in accordance with the provisions of the Act; (2) use the land itself; and (3) permit the use either temporarily or permanently of the whole or any portion of such land for any purpose for which such land could have been acquired under the Land Acquisition Act. 1894. The words "instead of settling any surplus land in accordance with the provisions of this Act" make it clear that recourse to settling of the land in accordance with the provisions of this Act is to be taken only if the State Government does not require the land for its own use nor does it desire to permit the same being used either temporarily or permanently for any purpose for which such land could have been acquired under the provisions of the Land Acquisition Act.;