AYODHYA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Dharam Pal Singh, learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents.

(2.) This writ petition has been filed challenging the order dated 20.9.2002 passed by the Prescribed Authority i.e. respondent no. 3 under U.P. Imposition of Ceiling on Land Holding Act, 1960(hereinafter referred to as the 'Act') and the order dated 25.11.2002 passed by the Additional Commissioner, Jhansi Division, Jhansi.

(3.) Proceedings under Section 10(2) of the Act for the land beyond the ceiling limit were initiated against the petitioners and notice under Section 10(2) of the Act has been served upon the petitioners. By the order dated 24.6.1976 an area of 13.77 acre has been declared surplus in terms of irrigated land. The petitioners i.e. tenure holders moved recall application for rejection of the order dated 24.6.1976 which was dismissed by the Prescribed Authority on 16.7.1976, against that order an appeal was filed which was dismissed on 5.10.1977. The matter went upto the Apex Court and the SLP was dismissed. Thereafter, Ayodhya Prasad, Kedar Nath, Ganga Saran, Dwareika, Jagdish and Chatur Singh filed applications challenging the order dated 24.6.1976. The heirs were made parties and their applications were accepted vide the order dated 9.12.1981 passed by the Prescribed Authority. The order dated 24.6.1976 was set aside and they were allowed to submit their objections. The objections were filed and after hearing the objections of heirs of the original tenure holder, an order dated 18.8.1982 was passed whereby 10.64 acres of land has been declared surplus in terms of irrigated land. Three appeals were filed and the Special Judge, Jalaun had accepted all the three appeals by the order dated 4.8.1983 and the order dated 18.8.1982 of the Prescribed Authority was set aside and the matter was remanded back to be decided after taking into consideration of the sale deed and Habibanama. The Prescribed Authority vide order dated 8.2.1984 declared the area of 2.40 acres of land as surplus land in terms of irrigated land against which an appeal no. 23/84 was filed before the Special Judge, Jalaun which was accepted by the order dated 9.1.1985 and the matter was again remanded back to the Prescribed Authority to reconsider and calculate the surplus land of the tenure holder.