P.K.Jain, J. - (1.) The petitioner society, registered under the U. P. Cooperative Societies Act, 1965, having its object to achieve and improve the social and economic conditions of its members through the common ownership and democratic management of the instrument of wealth. Only retired Defence personnel and their dependents numbering 476 are its members. The society originally acquired 11 acres of land through an agreement with the tenure-holders. Later on the membership of the society increased and to meet the needs of the members. the society needed additional land for purposes of developing residential colonies for its members. Till the date of filing of the petition, the society acquired total 31.5 acres of land through negotiations with tenure-holder's. After developing the land, the plots of land have been allotted to its members and the sale deeds were got registered on various dates. A notice dated 7.5.1988 as contained in Annexure-3 under Section 154 (2) read with Section 167, of the U. P. Z. A. and L. R. Act, (hereinafter referred to as 'the Act') was received by the petitioner from D. M. Ghaziabad. The petitioner instead of making a representation to the District Magistrate, respondent No. 2, moved the State Government, respondent No. 1, for grant of permission to purchase the land. . The representation is contained in Annexure-4. The respondent No. 1. without considering the case of the petitioner, rejected the same vide order dated 21.7.89 copy whereof is appended as Annexure-5. Respondent No. 2 was directed by respondent No. 1 to take possession of the land of the society (the petitioner).
(2.) By the present writ petition, the petitioner has challenged the notice Issued to it by respondent No. 2 as contained in Annexure-3 and order of respondent No. 1 as contained in Annexure-5 on various grounds. However, now this writ petition is pressed only in respect of Annexure-5 and a prayer has been made to quash the order of respondent No. 1 dated 21.7.1989.
(3.) The main ground on which the impugned order is challenged is that respondent No. I rejected the representation on the sole ground that such a representation for permission to purchase the land in excess of the limits under Section 154 (1) of the Z. A. and L. R. Act was made after purchase of the land and such permission cannot be granted under the provisions of Section 154 (2) of the Act. which is legally erroneous.;