V.K. Shukla, J. - (1.) PRESENT writ petition in question has been filed by the Petitioner quashing validity of the order dated 10.07.1990 passed by Prescribed Authority and order of its affirmance in Appeal dated 31.07.1991.
(2.) BRIEF background of the case is that notice under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 was issued against Asha Pal Singh father of Petitioner No. 1 to 3 and husband of Petitioner No. 4. Prescribed Authority declared 2.20 acres of land as surplus in term of irrigated land. Petitioners have stated that qua the said surplus land, State has taken possession. Petitioners have stated that thereafter fresh proceedings were undertaken under Section under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960, proposing 16.63 acres of land as surplus . Prescribed Authority on 10.01.1977 declared 11.75 acres of land as surplus in term of irrigated land. Against the same Appeal was preferred and said Appeal was allowed declaring 7.51 acres of land as surplus. At this stage Civil Misc. Writ Petition 2528 of 1977 was filed before this Court and this Court interfered with the matter and remanded the matter for fresh consideration in reference to grove and irrigated land. Additional District Judge on 12.12.1979 remanded the case to the Prescribed Authority to decide the case afresh. Prescribed Authority made spot inspection on 20.06.1984 and placed it on record. Petitioner filed his objection on 26.07.1984. Prescribed Authority on 28.02.1986 declared 11.56 acres of land in term of irrigated land as surplus. Petitioners preferred appeal against the same and the said appeal in question was allowed and matter was again remanded back for re deciding after taking into consideration the objection of the Petitioner. Petitioner filed Review application and Additional Commissioner on 25.04.1988 allowed the said Review application and modified its order clarifying that surplus land could not exceed 7.51 acres as determined earlier. Petitioners have stated that consolidation restarted in all the villages and same was finalised qua 7 villages, except village Amiliha -Pal Tehsil Khaga. Petitioner on 08.07.1990 filed objection relating to land reduced in consolidation. Prescribed Authority on 10.07.1990 maintained earlier order and declared 7.51 acres of land in term of irrigated land as surplus. Petitioners preferred Appeal and said appeal in question has been dismissed. At this juncture present writ petition in question has been filed. Pleadings inter se parties have been exchanged and thereafter present writ petition has been taken up for final hearing and disposal with the consent of the parties.
(3.) SRI . Kunal Ravi Singh, learned Counsel for the Petitioner has assailed the validity of the orders dated 10.07.1990 and affirmed in 31.07.1991 in Appeal on the ground that in respect of plots situated in Village Gauspur, requisite exercise as is envisaged under Section 4A of U.P. Imposition of Ceiling on Land Holdings Act, 1960 has not been undertaken and objection filed on behalf of Petitioners has not at all been adverted to as such said order is bad. Coupled with this once in consolidation operation area has been reduced, as such area in question was liable to be adjusted. In this background both the orders are liable to be quashed and fresh exercise is desirable to be undertaken.;