- (1.) Heard learned standing counsel for the Petitioners and Sri Rajeev Mishra Advocate appearing on behalf of contesting Respondents.
(2.) Two writ petitions have been filed against a common judgment dated 18.12.1990 which is impugned in the instant writ petitions.
(3.) Petitioners were issued notice Under Section 10 of Uttar Pradesh Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act). By virtue of the aforesaid notice, it was proposed that Chittar Singh had surplus land of 4.32 acres. This land was said to be in excess of ceiling limit. Chittar Singh filed an objection and contested the matter. The Prescribed Authority taking into consideration the entire facts and circumstances of the case rejected objection of Harish Chandra son of Chittar Singh and Kanwar Pal, Vijay Pal and Har Pal sons of Niranjan Singh who are alleged to be minor under the guardianship of Anar Devi. An appeal was preferred by Chittar Singh against order of the Prescribed Authority dated 31.5.1976 declaring 4.32 acres of land as surplus. The appeal was allowed and order of the Prescribed Authority was quashed and matter was remanded to the Prescribed Authority to reassess the excess land beyond ceiling limit taking into consideration the number of family members, adult sons and giving requisite benefit as provided under the Act. The Prescribed Authority held that Chittar Singh had only two sons Babu Lal and Niranjan. He did not accept existence of third son and was of the view that benefit of two adult sons has already been given and once again vide order dated 31.3.1978 declared 4.32 acres land as surplus. This order was again challenged in appeal before the I Ind Additional District Judge, Agra which was dismissed on 20.5.1981. The order dated 20.5.1981 was not challenged by Chittar Singh. However, an application before the Prescribed Authority was preferred with a request that area declared to be surplus may be taken from plot No. 38 and 43 situated in village Hajipur Khera. However, the Prescribed Authority passed an order on 8.12.1982 directing that excess land may be taken from plot No. 38 situated in village Penth Khera and plot. No. 521 situated in village Ram Nagar Khadouli. Chittar Singh preferred an appeal against the order dated 8.12.1982 passed by the Prescribed Authority which was allowed on 14.9.1983 granting request of Chittar Singh that the surplus land should be taken from the land in respect of which preference was given by Chittar Singh, i.e., plot No. 43 situated in village Hajipur Khera.;