- (1.) Heard Learned Counsel for the petitioner and learned standing counsel for the respondent.
(2.) Petitioner is a school. It was higher secondary school when writ petition was filed and was also imparting education in agriculture upto Class VIII as stated in para 2 of the writ petition. 3.14 acre of agricultural land which had been declared as surplus with some other tenure holders and had vested in State under U.P. Imposition of Land Holdings Act 1960 was allotted to the petitioner school under Section 27(3) of the Ceiling Act on 30.10.1971. The school was already having 5 acre of land before the allotment of the land in dispute to it. Thereafter, proceedings for cancellation of the allotment under Section 27(4) of the Act were initiated by the Commissioner in the year 1983 through case No. 5/114B/82/83 under Section 27(4) Ceiling Act District Rampur State v. Choudhary Jamna Das Junior High School, Math Khera, District Rampur. The said case was allowed on 6.2.1986 by Additional Commissioner (Administration) Moradabad and the allotment of 3.14 acre land in favour of the petitioner of khasra plot No. 10(1.01 acre) and Khasra plot No. 16(2.13) acre total 3.14 acre was cancelled. The said order has been challenged through this writ petition. It is mentioned in the impugned order that proceedings were initiated on the basis of report of S.D.O. Swar, dated 4.11.1982. Petitioner filed objections on 19.9.1984 (Annexure-I to the writ petition) contending inter alia that after 10.11.1982 proceedings could not be initiated in the sense that after the said date notice for initiating the proceedings could not be issued.
(3.) Date of the notice is not mentioned in the writ petition. However, it is mentioned that it was issued in the year 1983. From the perusal of the impugned order also it is dear that notice was issued in 1983, however, date is not mentioned.;