Decided on December 20,2012

Jai Prakash Singh S/O Dev Narain Singh Appellant
State Of U P And Others Respondents


- (1.) Since the controversy involved in all the above three writ petitions is similar, therefore, for the sake of convenience these writ petitions are being decided by this common judgment. Writ Petition No. 3057(M/S) of 2001 and Writ Petition No. 3056(M/S) of 2001 have been preferred for quashing of the same notice dated 18-10-1978 (Annexure No.1 to the writ petitions), issued by the Prescribed Authority to Deo Narain Singh for re-determination of the land and same order dated 30-3-1983(Annexure No.3 to W.P. No. 3057/2001 and Annexure No.4 to W.P. No. 3056/2001), passed by Prescribed Authority in ceiling case No. 51/178 of 1974-75 and 51/240 of 1975-76, State vs. Deo Narain Singh whereby 5-17 hectare irrigated land was declared surplus. The order dated 3-5-1985 passed by 1 st Addl. District Judge Nainital in Ceiling Appeal No. 50 of 1983 Deo Narain Singh vs. State and another is also under challenge in these two writ petitions and is annexed as Annexure No.6 to the writ petitions. By this order the learned Addl. District Judge has dismissed the appeal as well as the cross objection filed by Sri Jai Prakash Singh were dismissed.
(2.) In Writ Petition No.1413(M/S) 2006 the order under challenge is dated 5-4-1983 passed by Addl. District Judge, Nainital in Ceiling Appeal No. 92 of 1982 (Annexure No.2 to the writ petition) and the order dated 31.7.1982 passed by Prescribed Authority in Ceiling Case No. 51/1 of 1980-81 (Annexure No.1 to the writ petition). Vide impugned order dated 31-7-1982 the Prescribed Authority has declared the 23.24 acre land as surplus against tenure holder Udai Prakash Singh, Dharam Prakash Singh, Sant Prakash Singh, Gyan Prakash Singh and Arun Prakash Singh sons of Awadh Narain Singh. Vide impugned order dated 5-4-1983 passed by Addl. District Judge Nainital, in Ceiling Appeal No. 92 of 1982, the appeal preferred by tenure holders was partly allowed and the judgment of the Prescribed Authority was modified to this extent that only land measuring 140 Bighas 14 Biswas, 13 Biswansis was declared as surplus from the plot nos. mentioned in the order.
(3.) In writ petition Nos. 3057/2001 and 3056/2001 this ground has been taken that the notice dated 18-10-1978 is time-barred in view of provision of Amending Act No. 20 of 1976, which has wrongly been mentioned as 22 of 1975. This ground was not taken in W.P. No. 1413/2006 and the same has been added by moving amendment application which has been allowed by this Court and the ground has now been taken in this writ petition also.;

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