HARENDER PAL SINGH S/O SRI JAGJEET SINGH Vs. STATE OF UTTARANCHAL AND TWO OTHERS
HIGH COURT OF UTTARAKHAND
Harender Pal Singh S/O Sri Jagjeet Singh
State of Uttaranchal and two others
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(1.) By means of this petition the petitioner has sought a writ, order or direction for quashing the order dated 28-4-2001 passed by Additional Commissioner (Judicial) Nainital, Annexure No.13 to the writ petition as well as the order dated 18-3-2000 passed by Prescribed Authority Annexure No. 10 to the writ petition, whereby the land measuring 1.381 hectare was declared as surplus on the ground that the land has become irrigated and also sought the quashing of notice (Annexure No.4) issued by respondent No.3 Prescribed Authority to the tenure holder.
(2.) Briefly stated the facts of the case according to petitioner are that a notice U/S 10(2) of the Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred as 'the Act'), was issued on 22.10.1975 to the petitioner-tenure holder to show cause as to why the land measuring 0.23 acre land be not declared surplus. The Prescribed Authority by its order dated 6.1.1976 accepted the ceiling notice and declared 0.23 acre land as surplus, copy of which has been annexed as Annexure-3 to the writ petition. Thereafter the respondent No.3-Prescribed Authority again issued another notice in July 1994 under the Act and the entire land shown in CLH Fom-3 in transfer statement was shown as irrigated. The entitlement was shown for 11.300 hectare and 15.805 hectare land which was proposed to be declared surplus. The petitioner has filed objection before the Prescribed Authority. Sri Virendra Pal Singh, who according to petitioner is his brother, for being impleaded as party and he was also allowed to participate in the proceeding. Harpreet Singh and Gurpreet Singh, both sons of Harendra Pal Singh (petitioner) and Harendra Pal Singh, all the three persons filed their objections Annexure Nos. 8 and 9 to the writ petition.
(3.) The Prescribed Authority after hearing the parties and examining the record declared 1.38 hectare land as surplus after treating it irrigated land.;
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