R.H. Zaidi, J. - (1.) Heard learned counsel for the parties.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 3.4.1991 passed by the appellate authority dismissing the appeal filed by the petitioner for Imposition of Ceiling of Land Holdings Act, for short, "the Act".
(3.) It appears that the land in dispute originally recorded in the name of . Balwanti Devi who died in the year 1973. During her lifetime she executed a Will on 13.12.1971 in favour of respondent No. 4 Smt. Kailasho Devi. After the execution of Will name of Smt. Kailasho Devi was recorded over the land in dispute, thereafter, it is stated that the notice under Section 28-B of the Act was issued by the Prescribed Authority to the respondent No. 3 treating the land in question as part of his holding. Respondent No. 3 was called upon to show cause as to why the land in question as specified be not declared as surplus. On receipt of notice Laxman Singh filed his objection contending that Smt. Balwanti Devi actually executed Will during her life time in favour of Smt. Kailasho Devi and on the basis of that Will the name of Kailasho Devi was recorded and that he never inherited the property left by Smt. Balwanti Devi, therefore, the notice issued against him was liable to be discharged. Parties produced evidence, oral and documentary, in support of their cases. The Prescribed Authority allowed the objection filed by the respondent No. 3 by its judgment and order dated 24.5.1990 and the notice issued against him was discharged. Challenging the validity of the said order, the petitioner filed an appeal before the Appellate Authority. The appeal filed by the petitioner met the same fate and was dismissed by the impugned order dated 3.4.1991. Hence, the present petition.;