I.M. Quddusi, J. - (1.) IN the present case the competent authority had refused to grant permission to sell the property in question on the ground that respondent No. 1 had land in excess of the ceiling limit under the Urban Land (Ceiling and Regulation) Act 1976 against which an appeal was filed under Section 33 of the said Act before the District Judge, Dehradun which was registered as U.L.C. Appeal No. 162 of 1983 which was allowed holding that the order passed by the competent authority was contrary to law and the appellant does not possess any excess vacant land. The Competent Authority in his order dated 10.3.83 refused to grant permission on the ground that S.L.P. No. 3185 of 1979 is pending before this High Court and the declaration made by the respondent was against the provisions of Section 5(3)/10(4) of the said Act. It appears that the Hon. Supreme Court has laid down case law in this regard in the case of State of U.P. v. L.J. Jhonson, AIR 1989 SC 1303, and in the case of Atia Mohammadi Begum v. State of U.P. and others : AIR 1993 SC 2465.
(2.) IN view of the aforesaid observations and the law laid down by the Hon'ble Supreme Court the present writ petition deserves to be allowed and it is accordingly allowed. The order of the District Judge dated 8 -9 -83 passed in the aforesaid appeal is set aside. The competent authority may proceed in accordance with law and determine the surplus land, if any, and then reconsider the matter for permission to sell the property in question.;