- (1.) Heard learned Standing counsel appearing for the petitioner and Sri Virendra Singh who has put in appearance on behalf of respondents No. 3 to 39.
(2.) Through this writ petition the petitioner (State of U.P) has assailed the judgment and order passed by the Prescribed Authority (ceiling) on 31.8.89 and the order dated 31.1.91 passed by Additional Commissioner, Lucknow Division, Lucknow. The Prescribed Authority had allowed the objections filed by the respondent Nos. 3 to 36. The Prescribed Authority dealt with objections put forth by the respondent Nos. 3 to 38 and passed the order on 31.8.89, declaring that no surplus land was available with the said tenure holders. There land holdings were excluded from operation of the Rural Ceiling Act. The details of the land Gata/plots in respect of 27 objectors situated in village Dhakherwa Khalsa, Tehsil Nighasan, District Lakhimpurkheri have been given in judgment itself.
(3.) The proceedings under the U.P. Imposition of Ceiling on Land Holding Act, 1 960(Old Act) were initiated in the above said village. The formal proceedings under Section 10(2) of the old Act of 1960 were taken against tenure holder Asif Ali son of Ejaj Ali, resident of Lakhimpur Kheri, who has been impleaded as respondent no 39 to this petition. After determination of the ceiling area of Sri Asif Ali the Prescribed Authority declared the total area of 647.26 acres of land as surplus area vide an order dated 27th April, 1963. Details of the land (Khata no, Gata No. and Area) have been given in para 4 of this writ petition. Subsequently, after about 18 years a large number of tenure holders i.e. opposite party Nos. 31 to 33 jointly filed an application dated 27.1.81 under Section 11(2) of the Ceiling Act before the Prescribed Authority (ceiling). This application was supported by an affidavit and application seeking condonation of delay was also annexed. It was alleged by the respondent Nos. 3 to 33 that they are transferries of the land and Bhumidharas of the disputed land situated in village Dhakherwa Khalsa, Tehsil Nighasan, District Lakhimpurkheri. The sale deeds, which were executed in the year 196 1-62, were placed on record. According to them they had purchased the land in dispute from the original tenure holder in furtherance of an agreement to sell dated 25th May, 1959. All of them had claimed that they had paid substantial amount at the time of executing agreement and the possession of the land was delivered to them. Since May, 1959 they have been cultivating and in possession over the land in dispute details of which have been given in the memo of the writ petition. It was emphasized before the Court that the writ petition was admitted on 1 7th April, 93 and operation of the impugned orders was stayed by this Court. Private respondents (poor farmers) are in possession over the land for more than 51 years and their families are solely dependent on the agricultural income derived from the land. The opposite parties No. 3 to 32 submitted before the Prescribed Authority that all of them possess little land and they are not covered under the provisions of Ceiling Act. Most of them were refugees from Punjab as a result of partition occurred in 1947. They had settled in backward region Lakhimpur Kheri and they are being dispossessed after tilling the same for a long period. It was also submitted by the private respondents that after taking possession over the land their names were mutated in the revenue records. That the land owned Sri Asif Ali respondent No. 3 9 was found to be surplus and the respondent Nos. 3 to 33 lands were also clubbed with that of Sri Asraf Ali. They had developed the land by putting hard work.;