- (1.) Proceeding Section 9 of the U.P. Imposition of Ceiling on Land Holdings Act, 1961 were initiated against the tenure holder culminating in an order dated 14.2.1986 passed by the Prescribed Authority declaring that the tenure holder Ashok Singh had 9-9-14 bighas of land as surplus and tenure holder Kushal Pal Singh had 10-4-0 bighas of land as surplus. Against the aforesaid order, two appeals were filed. One by Ashok Singh being Appeal No. 2/1985-86 and other by Kushal Pal Singh being Appeal No. 3/1985-86. Both the appeals have been dismissed under the impugned order of the Appellate Authority dated 15.1.1987. Hence this petition.
(2.) Facts in short giving rise to the present writ petition are as follows: Proceedings by issuance of notification under Section 9 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 were initiated in respect of the area in question. At the relevant time father of the Petitioner was the recorded tenure holder namely Yash Pal Singh. Before notice under Section 10(2) could be issued to Yash Pal Singh he expired on 9.11.1980. In accordance with the Rule 19 sub-Clause 3 of the U.P. Imposition of Ceiling on Land Holdings Act, 1961 notice was issued to the son of Yash Pal Singh, who inherited the property from Yash Pal Singh. It may be stated that in view of Rule 19 Sub-clause 3, the ceiling area as applicable qua the deceased tenure holder as on 6.8.1973 had to be determined as in the hands of his legal heirs.
(3.) On behalf of the legal heirs practically two objections were raised to the notice issued.;