Decided on September 27,2012

U P State Through Collector, Nainital Respondents


B.S.VERMA, J. - (1.) BY means of this petition the petitioners have sought a writ in the nature of certiorari quashing the orders contained in Annexure Nos. 1 and 2 to the writ petition passed by Commissioner Kumaun Division and the Prescribed Authority/Upper Zila Adhikari Nainital respectively.
(2.) BRIEFLY stated the facts of the case giving rise to the writ petition are that a notice U/S 10(2) of U.P. Imposition of Ceiling On Land Holdings Act, 1960, was served upon petitioner No.1 Autar Singh on 19 -1 -1989, who had filed the objection on 13 -2 -1989 that he is Bhumidhar of Khata No.2 area 139 Bighas and 13 Biswa and on the land of Khata No. 38 area 76 Bighas 16 Biswa, Smt. Ratan Kaur widow of late Sri Santa Singh was recorded tenure holder. The said Smt. Ratan Kaur had adopted the petitioner No.2 Lakhmir Singh, who was natural son of petitioner No.1 Autar Singh. It was further alleged in the objection that after the death of Smt. Ratan Kaur, Lakhmir Singh became the owner of the land of Smt. Ratan Kaur and the land of Lakhmir Singh inherited by him from Smt. Ratan Kaur has wrongly been clubbed with the land of petitioner No.1 Autar Singh, since Lakhmir Singh is no longer member of the family of Autar Singh. It was further alleged in the objection that since late Smt. Ratan Kaur was not having son from her husband late Sri Santa Singh, therefore she adopted petitioner No.2 and also executed a will on 4.1.1982 in favour of her adopted son. This fact has also been mentioned specifically in the will that the will is being executed in favour of her adopted son. It was also mentioned in the will that in the life time of her husband Santa Singh was also willing to adopt the son of Autar Singh, but unfortunately he had died therefore Smt. Ratan Kaur had adopted petitioner No.2 and executed the will in his favour.
(3.) THE objections were rejected by the Prescribed Authority and treated minor Lakhmir Singh son of Autar Singh and clubbed the land of Autar Singh and Lakhmir Singh and the land mentioned in the impugned order dated 24 -10 -1989, was made surplus. Aggrieved by the order passed by the Prescribed Authority, the appeal was preferred before the Commissioner Kumaun Division Nainital. The learned Commissioner did not find favour to the petitioner No.1 and dismissed the appeal vide impugned order dated 31.3.1990, on the ground that adoption of Lakhmir Singh by Late Smt. Ratan Kaur was not proved by documentary evidence and in the will there is no mention that any adoption deed was ever executed and since Lakhmir Singh is a minor son of Autar Singh and Autar Singh is cultivating the land in the name of minor Lakhmir Singh, therefore the land in the name of Lakhmir Singh and Autar Singh have rightly been clubbed together and found surplus by the Prescribed Authority.;

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