G S CHOORAMANI AND ORS Vs. STATE OF U P

JUDGEMENT

(1.) THIS and the two companion writ petitions challenge the constitutional validity of the U. P. Government Estates Thekedari Abolition Act, 1958, and seek to quash the notification dated June 30, 1966, issued by the State Government under Section 3 of that Act, determining the lease held by the petitioners.

(2.) THE material and the relevant facts and the questions which arise for determination are common in all the three writ petitions. They can be disposed of by a common judgment. The earliest of them, namely, G. S. Chooramani v. State of Uttar Pradesh, (Civil Misc. Writ No. 3043 of 1966) is treated as the leading case.

(3.) ON 20th January, 1959 the U. P. Government Estates Thekedari Abolition Act, 1958, (U. P. Act No. 1 of 1959) (hereinafter called the Thekedari Abolition Act) came into force. By a notification dated 17th June, 1965 the State Government extended the Thekedari Abolition Act to the district of Naini Tal. On 30th June 1966 the State Government issued the impugned notification in exercise of the powers conferred by sec. 3 of the Thekedari Abolition Act determining all leases in respect of Government Estates in 35 villages including villages Bangawam and Radhulia, in the Tarai and Bhabar area. As a result the petitioners' lease stood determined prematurely, the Collector, Naini Tal issued a notice to the petitioners intimating them that the lease in their favour having come to an end, he will take possession of the land covered by the lease with effect from 1-7-1966. This action of the respondents led the petitioners to this Court under Article 226 of the Constitution. The constitutional validity of the Thekedari Abolition Act and the validity of the impugned notification was challenged in the petition on many grounds, but, at the hearing the learned counsel pressed the following points:--