ARUN TANDON,J. - (1.) SRI M.D. Singh 'Shekhar', learned Senior Advocate assisted by Sri R.P. Tiwari, learned Counsel for the petitioner and learned Standing Counsel for the State-respondents.
(2.) PROCEEDINGS under section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 were initiated against the petitioner culminated in an order of the Proscribed Authority dated 30th June, 1976, wherein 35.29 acres of irrigated land was declared as surplus. Not being satisfied with the order so passed by the Prescribed Authority, recorded tenure holder/peti­tioner filed an appeal before the Commis­sioner, Jhansi Division, Jhansi under section 13 of the Act, 1960 being Appeal No. 930 of 1976. The appeal was allowed by the Additional Commissioner, Jhansi Division, Jhansi under the order dated 12/19th Janu­ary, 1978 and five directions were issued, namely, (a) an area of 24.22 ordinary acres of land covered by the sale-deed dated 17th March, 1962 executed in favour of one Chandra Shekhar be excluded from the holding of the petitioner, (b) an area of 18.23 ordinary acres of land covered by the sale-deed dated 24th January, 1970 exe­cuted in favour of Smt. Kamla Bai be simi­larly excluded from the holding of the pe­titioner, (c) share of the petitioner in the coparcenery property be fixed as 1/6th place of 1/3rd (d) an area of 2.5 acres land of village Gayar be treated as un-irrigated land, and (e) in respect of plot Nos. 543 and 544 of same village Gayar only 3.50 acres of land be treatedas irrigated and the remain­ing area be treated as single crop irrigated land. The Prescribed Authority was directed to recalculate the ceiling limits of the petitioner accordingly. In order to keep the records straight, it may be noticed that the recorded tenure holder filed a writ petition before the High Court alleging herein that certain mistakes qua plot numbers have crept in the order of the appellate authority being Writ Petition No. 975 of 1980. The writ petition was dismissed under the order dated 18th August, 1981, as a result whereof the order of the appellate authority dated 19th January, 1978 was affirmed.
(3.) THE Prescribed Authority in compliance to the order of the Appellate Authority dated 19th February, 1979 recalculated the ceiling limits of the petitioner after granting benefits as directed, declared that he had 9.84 acres of irrigated land as surplus. This order was followed by an order under section 12 of Act, 1960 dated 20th December, 1982 affirming the earlier order, in view of the dismissal of the writ petition noticed above.;