I.M. Quddusi, J. - (1.) HEARD the learned Standing Counsel. This petition under Article 226 of the Constitution has been filed against the judgment and order dated 28 -4 -83 passed by the District Judge, Aligarh in Urban Land Ceiling Appeal No. 47/83, Subhash Chandra and others v. State of U.P. and others. While allowing the appeal the learned District Judge, set aside the order dated 7 -2 -83 passed by the competent authority with the observation that the appellants are free to transfer the land in dispute. It appears that respondents No. 1 and 2 wanted to sell 438.11 sq. metres of land of plot No. 3494 to one Smt. Kalawati and they gave a notice under Section 26 of the Act to the competent authority. The permission was refused against which the appeal was filed.
(2.) A perusal of Section 26 of the Urban Land (Ceiling and Regulation) Act 1976 provides that no person holding vacant land within the ceiling limit shall transfer such land by way of sale, mortgage, gift, lease or otherwise except after giving notice in writing of the intended transfer to the competent authority. This provision applied only to the person holding vacant land within the ceiling limit and not to a person holding vacant land in excess of ceiling limit.
(3.) LEARNED Standing Counsel has pointed out that the case in question is a case where the holder of the land has already vacant land in excess of ceiling limit. The learned District Judge has not considered this fact and has not held whether the appellants before him had vacant land within the ceiling limit or in excess of ceiling limit.;