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Judgment
Inspite of opportunity, counter affidavit has not been filed by the State.
The issue raised in this writ petition is extremely important. A vast track of land at “Chaukori†in Pithoragarh, which was a tea estate is being
sold off to the private individuals which is in clear violation of Section 6 (2) of the Uttar Pradesh Imposition of Ceiling of Land Holdings Act, inasmuch
as the tea estate was exempted from the Ceiling Act on condition that, this land cannot be sold without prior permission of the State, and even if such
permission is taken, the person to whom it is sold can do nothing on this land, except cultivation of tea. In other words, the nature of land could never
be changed.Â
This Court has been informed that this is also in violation of the judgment and order dated 08.12.2008 passed by this Court in WPMS No. 1909 of
2007 (Smt. Hemlata Singh Vs. Collector, District Pithoragarh & others).
 This Court has further been informed that this was the land which was exempted from surplus land and the nature of the land would always be
“Bhumidari†and now the “Gram Sabha†has been declared way back in the year 2002 which was not in the knowledge of any one.
Consequently, construction is also being made on the land which is a “Bhumidari†land of the petitioner.
The fact, however, remains that the land has been sold in violation of the Uttar Pradesh Imposition of Ceiling of Land Holdings Act and the same is
to vest with the State. Moreover, even if the land which has not been sold but in which there is admittedly no tea cultivation is going on for the last 30
to 40 years is again a land which is liable to be vested with the State.Â
On top of it, inspite of the opportunity, the conduct of the State Government is that they have not filed the counter affidavit.
Purely in the interest of justice, as a last opportunity, three weeks’ and no more time is granted to the State to file counter affidavit. In the
counter affidavit, the State shall give para wise reply to the writ petition. The State shall also explain as to why a judicial enquiry be not made into the
matter.
List this case on 11.04.2018 in the daily cause list.
Meanwhile, it is directed that the District Magistrate, Pithoragarh shall ensure that there is no encroachment on the said land, nor the land be sold by
the petitioner or any other person. Further the sale deed, if any, should not be registered, as the sale itself would be in clear violation of the law.
The Registrar General of this Court is hereby directed to communicate this order to the District Magistrate, Pithoragarh for onward compliance.