1997 INSC 0418
                                        SUPREME COURT OF INDIA

                                                    Randhir Singh

                                                           Vs.

                                        Deputy Director of Consolidation

                                         C.A.Nos.1097 and 1098 of 1979

                                      (K.Ramaswamy and D.P.Wadhwa JJ.)

                                                      01.04.1997

                                                       ORDER

1. These appeals by special leave arise from the judgment of the Division Bench of the High Court
of Allahabad, made on 30-11-1977 in Special Appeal Nos. 1047 and 1048 of 1970.

2. It is not necessary to dilate upon the three-tier history of the litigation. Suffice it to state that
pursuant to the remand order made by the High Court in the last instance, the Deputy Director has
gone into the question whether the Settlement Officer under the Consolidation Act has jurisdiction
to decide the dispute. Section 3(5) of the U. P. consolidation of Holdings Act defines "land" to mean
the land held or occupied for the purpose connected with agriculture, horticulture and animal
husbandry which includes pisciculture and poultry farm and also the site, being part of a holding, of
a house of other similar structures.

3. In view of the above definition under Section 3(5) of the Consolidation Act, the buildings
occupying the land and used for commercial purposes are not covered by the Act. Therefore, the
High Court had left the dispute open for a decision by the appropriate Court.
4. It is an admitted position that the appellants and the respondents are holding heats in those areas.
Under the U. P. Land Reforms Act, 1950 the question whether such lands vest in the State on
abolition of the estates etc. is also a matter left open since the State is not a party to these
proceedings. It may be open to the appellants to have their right adjudicated as ordered by the High
Court in an appropriate proceeding according to law.

5. The appeals are accordingly dismissed. No costs.

         Appeals dismissed.