Prakash Krishna, J. - (1.) THE present writ petition is directed against the order dated 7th July, 2011 passed by the Additional Commissioner in Case No. 1/08/2010 -2011 under Section 27(4) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as "the Act").
(2.) THE Petitioners are the allottees of the ceiling land declared surplus. By means of the impugned order, the allotment of pattas have been cancelled and the Prescribed Authority under the said Act has been directed to take possession of 2.73 Acre surplus land in terms of irrigated land from plots No. 721 and 725. The background facts may be noticed in brief:
(3.) RESPONDENT No. 3 Khuman Sing, the original tenure holder was served with notice under Section 10(2) of the Act on 5th July, 1974 by the Prescribed Authority for determination of the ceiling area of his holding. The proceeding was initiated and initially an ex parte order was passed whereby 4.03 Acre irrigated land was declared surplus by the Prescribed Authority. The matter was carried in appeal and the Appellate Court, namely, Additional District Judge allowed the appeal in part and reduced surplus land 2.73 Acre irrigated land was declared surplus on 26th February, 1978.;