High Court · 2025

dat ed

03.11.2022 passed by Collect or, Udham Singh Nagar in Misc. Case No.51/ 05 of 2013- 14. The said order was passed by Collect or in proceedings under Sect ion 6- A of U.P. Governm ent Est at es Thekedari Abolit ion Act , 1958 ( for short , “ G.E.T.A” ) as am ended by Re- enact m ent and Validat ion Act , 1970.

2. Cont ent ion of pet it ioner is t hat even t hough her lat e husband had given opt ion pursuant t o not ice issued by Collect or t o him under Form 9 and 10 ( Rule 23) of 1960 Rules fram ed under G.E.T.A. Act 1958, however, Collect or failed t o consider opt ion given by him by observing t hat he had creat ed sub- lease in favour of different persons and he was not cult ivat ory possession over t he land which was leased 1 out t o him by t he St at e Governm ent . Thus, it is cont ended t hat Collect or erred in law in not considering opt ion given by pet it ioner’s husband indicat ing his choice of land.

3. Learned St at e Counsel, per cont ra, subm it s t hat 5193 Acre of land was leased out by St at e Governm ent in favour of one Mr. Prag Narayan Agarwal in t he year 1933; t he said land was report edly inherit ed by his t wo sons, nam ely, Mr. Shiv Narayan Agarwal and Mr. Kam rendra Narayan Agarwal and pet it ioner daught er- in- law of lat e Mr. Shiv Narayan Agarwal.

4. Learned St at e Counsel subm it s t hat predecessor in int erest of t he pet it ioner leased out t he ent ire land falling in his share t o t wo com panies, t hus, he ceased t o be in a cult ivat ory possession of land leased out by his fat her. He refers t o Sect ion 4( b) and 6- A of G.E.T.A. Act and subm it s t hat right , if any, is available t o a lessee is only in respect of land which is under his personal cult ivat ion.

5. Learned St at e Counsel has drawn our at t ent ion t o paragraph no.30 of j udgm ent dat ed

21.02.2014 rendered by learned Single Judge of t his Court in WPMS No.962 of 2005. Paragraph no.30 of t he said j udgm ent is ext ract ed below: - “ 30. So far as t he pet it ioners in Writ Pet it ion No. 1001 of 2005 ( MS) and Writ Pet it ion No. 1002 of 2005 ( MS) are concerned, since t hey are sub- lessees, in view of Sect ion 4( b) , t hey cannot acquire any heredit ary right in t he land. The proceedings would be init iat ed against t he successors in int erest of t he lessees in view of Sect ion 6- A of t he am ended Act . Therefore, t he sub- lessees have no right t o cont inue over t he land in disput e. Since t he land is separat ed, aut om at ically ceased. Besides t his, it is also relevant right s t heir t he 2 t hese pet it ioners, were not at all t o m ent ion here t hat adm it t edly t he sub- leases had been grant ed by t he lessees in fav our of t hese pet it ioners aft er t he det erm inat ion of t he earlier leases. Therefore, t he lessees were not having any right t o execut e t he sub- leases. Therefore, it is direct ed t hat t he nam es of t hese pet it ioners, if any, recorded in t he revenue records on t he basis of t he sub- lessees be expunged from t he revenue records. The not ices, which have been issued by t he Collect or t o required. Therefore, on t hat count , t he im pugned not ices are set aside. The Collect or shall t ake st eps accordingly in accordance wit h law t o correct t he revenue records and for t aking over possession. Since t his land is handed over by t he lessees t o t he sub- lessees and it is not in possession of t he lessees, t herefore, t here is no need for t he Collect or t o issue any fresh not ice t o t he lessees in respect of t his land as it is already separat ed by t he lessees t hem selves by hading over possession t o t he sub- lessees and it also exceeds t he ceiling area. Writ Pet it ion No. 1001 of 2005 ( MS) and Writ Pet it ion No. 1002 of 2005 ( MS) st and disposed of.” ( Em phasis supplied)

6. Learned St at e Counsel t hus, subm it s t hat t he learned Single Judge in t he aforesaid j udgm ent has held t hat because of t he lease grant ed by processor in int erest of pet it ioner, she does not have any subsist ing right over t he land in quest ion. Learned St at e Counsel relies upon Sect ion 4( b) and 6- A of t he U.P. Governm ent Est at es Thekedari Abolit ion Act , 1958 as referred in paragraph no.20 of t he j udgm ent rendered by learned Single Judge in WPMS No.962 of 2005, which is ext ract ed below: “ 20. First and forem ost , for t he facilit y of reference, t he old Sect ion 4( b) of t he UP Act No. 1 of 1959 and t he new Sect ion 4( b) as has been am ended by t he UP Act No. 28 of 1970, are reproduced herein below: “ Ol d Se ct i o n : Sect ion 4 ( b) w here under and in accordance wit h t he t erm s of t he lease, t he lessee has brought any land included in t he lease under his personal cult ivat ion, t he lessee shall becom e a heredit ary 3 t enant of such land liable t o pay rent equal t o t he rent calculat ed at heredit ary rat es applicable on t he dat e det erm inat ion. im m ediat ely preceding dat e t he t he excess area, Provided t hat where t he t ot al area of such land held by t he lessee exceeds 30 acres, for t he lessee shall be a heredit ary t enant of only 30 acres area t o be separat ed and dem arcat ed from t he 30 acres area by t he Assist ant Collect or t he t he Collect or shall lessee or applicat ion of becom e and be deem ed t o be vacant land and t he lessee shall be liable t o ej ect m ent from such excess area. in charge of t he t he sub- division on N e w Se ct i o n : Sect ion 4( b) where under and in accordance wit h t he t erm s of t he lease, t he lessee has brought any land included in t he lease under his personal cult ivat ion, t he lessee shall becom e heredit ary t enant of such land, or where such land exceeds t he ceiling area, t hen of so m uch of such land as in aggregat ion wit h any ot her land held by him in Ut t ar Pradesh m akes up t he ceiling area, and shall be liable as such t o pay rent equal or proport ionat e, as t he case m ay be, t o t he rent , if any, payable in t erm s of t he lease.” t he t he cult ivat ion, “ 6- A I n respect of any land included in t he lease which under and in accordance wit h t he t erm s lessee has brought under his t he personal dem arcat ion of t he ceiling area and t he surplus area, t he acquisit ion of and t he t aking of possession over t he surplus area, t he det erm inat ion and paym ent of com pensat ion for t he acquisit ion of t he surplus area, and all ot her m at t ers connect ed t herewit h shall be governed by t he provisions of t he Ut t ar Pradesh I m posit ion of Ceiling on Land Holdings Act , 1960.” det erm inat ion

7. I t is not in disput e t hat t he pet it ioner has not challenged j udgm ent rendered by learned Single Judge in WPMS No.962 of 2005. Thus, it has at t ained finalit y qua t he pet it ioner. I n paragraph no.24 of t he writ pet it ion, pet it ioner has adm it t ed t hat her predecessor incorporat ed t wo Public Lim it ed Com panies, nam ely, Prag Agro Farm Lt d. and Pawan Popular Lt d. These com panies had filed Writ Pet it ion ( M/ S) 4 No.1001/ 2005 and Writ Pet it ion No.1002/ 2005, which were decided wit h Writ Pet it ion No.962 of 2005, referred t o above.

8. I t is also not in disput e t hat pet it ioner did not file any writ t en st at em ent or obj ect ion before Collect or and he sim ply subm it t ed opt ion indicat ing his choice of land. Since learned Single Judge has held t hat predecessor in int erest of t he pet it ioner do not have any right over t he land in quest ion, t herefore, Collect or was j ust ified in not considering t he opt ion given by pet it ioner’s husband.

9. I n view of t he above discussion, we do not find any reason t o int erfere wit h t he order passed by Collect or, Udham Singh Nagar. Thus, t he pet it ion fails and t he sam e is dism issed. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.) 06.08.2025 SS SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd12 9a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2 B7D72C42261361AED33172F152148D, cn=SUKHBANT SINGH 5