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2014 DIGILAW 240 (UTT)

Madan Pal v. Additional Commissioner (Administration) Saharanpur

2014-05-28

ALOK SINGH

body2014
JUDGMENT Alok Singh, J. 1. Undisputedly, land measuring 21 Bighas, 10 Biswas, 14 Biswansi of the original tenure holder Om Prakash was declared surplus by the appellate court i.e. IVth Additional District Judge, Saharanpur vide judgment and order dated 07.02.1977, under the provision of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. Appellate court i.e. IVth Additional District Judge Saharanpur further was pleased to issue directions that surplus land measuring 2 Bighas, 13 Biswas, 14 Biswansi may be taken from Khasra No. 53 (southern portion) and measuring 18 Bighas and 17 Biswas may be taken from the Khasra plot No. 54 (western portion) belonging to Om Prakash, the tenure holder. 2. Undisputedly, judgment dated 07.02.1977 attained finality. Undisputedly, after the judgment dated 07.10.1977 declaring the land measuring 21 Bighas, 10 Biswas, 14 Biswansi of the Om Prakash surplus few persons including petitioners herein purchased different portions of the land from Om Prakash vide different sale deeds. Having purchased the lands after the judgment dated 07.02.1977, purchaser applied before the Prescribed Authority to take up the surplus land from the other khasra numbers in other words they offered alternate sites to be taken as surplus land from the holding of the Om Prakash saying they were the bonafide purchasers from the Om Prakash if land of Khasra No. 53 and 54 is takethey would suffer irreparable loss. Learned Prescribe Authority, vide order dated 10.09.1993 and 31.12.1993, was pleased to allow the applications of the purchasers thereby directing that the possession of alternate land be taken as the surplus land. 3. The sole question arises in the present petition is as to whether Prescribe Authority was competent to modify the judgment dated 07.02.1977, passed by IVth Additional District Judge, Saharanpur by directing to take possession of another alternate land in lieu of the land as directed by the appellate court? 4. As observed herein before judgment dated 07.02.1977, passed by IVth Additional District Judge, Saharanpur was allowed to attain finality whereby learned appellate court i.e. IVth Additional District Judge, Saharanpur was pleased to direct to take up surplus land from Khasra No. 53 and 54. Therefore, it was not open to the executing court i.e. Prescribe Authority to make modification in the judgment dated 07.02.1977 by directing that alternate land be taken as a surplus land. 5. Therefore, it was not open to the executing court i.e. Prescribe Authority to make modification in the judgment dated 07.02.1977 by directing that alternate land be taken as a surplus land. 5. Moreover all the sale deeds, executed by the Om Prakash in favour of the petitioner as well as in favour of the respondent Santosh Kumari, were after the judgment dated 07.02.1977, passed by IVth Additional District Judge, Saharanpur. Therefore, all the sale deeds were void to the extent of surplus land and it was not open to the purchasers to make request to the Ceiling Authority to take up the alternate sites in violation of the judgment dated 07.02.1977, passed by the IVth Additional District Judge, Saharanpur. 6. In view of the discussion made herein before all the CLMAs, MCCs and both the writ petitions stand disposed of finally and Judgment dated 21.08.2008, passed by this Court stands Recalled and modified.