- (1.)SUNIL Ambwani, J. Heard Shri R. C. Singh for the petitioner and Shri Ram Saran Sharma for respondent No. 4-Shri Gajraj. Learned Standing Counsel appears for respondent Nos. 1 to 3.
(2.)THE petitioner Jai Karan was Bhumidhar of 3. 557 hectares of land cultivated by him in village Gadina, District Meerut. He purchased 4. 325 hectares of agricultural land in village Palla, Tehsil Dadri by a registered sale-deed dated 19-7-1968, making his total holding to be over 5. 057 hec. (12. 50 acres), which is the ceiling prescribed by Section 154 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (the Act ).
One Shri Gajraj son of Roop Chandra resident of Village Palla, Tehsil Dadri, District Gautam Budh Nagar made a complaint on 11- 12-2003 before the Collector, Gautam Budh Nagar under Sections 154, 166, 167, U. P. Z. A. and L. R. Act, stating that the petitioner Jai Karan had acquired more then 12. 5 acres of land in U. P. and thus an order should be passed directing the excess land to be vested in the State.

An enquiry was made by the Tehsildar confirming the facts. The petitioner filed objections that he had purchased the land in the year 1968. At that time sale was not void but was voidable for which a suit could be filed by Gaon Sabha within six years from the date of sale. The Gaon Sabha did not file any suit. The amendment in Section 164 on 3-6-1981 will not affect his rights and that Shri Gajraj as stranger has no right to initiate the proceedings.

(3.)THE Collector, Gautam Budh Nagar held that an application under Section 163 of the Act can be filed by any person. If the facts were found to be correct, the proceedings could be taken by the Collector suo moto and that since in the State of U. P. a person cannot hold more than 2. 824 hec. of land (12. 50 acres), the entire land in excess thereof is liable to be vested in the State. THE Collector directed that the land purchased by sale- deed dated 19-7-1968 in Khet No. 59 area 2. 94 hec. and Khet No. 201 area 1. 431 hec. total area 4. 3 hec. will vest in the State and that the possession of the excess land be taken from Jai Karan.
The petitioner preferred a revision No. 59 of 2005-06 before the Additional Commissioner, Meerut Division, Meerut, which was partly allowed on 13-2-2007 only to the extent that the land be measured accurately and thereafter the excess land be vested in the State. Aggrieved by the orders the petitioner filed this writ petition.