K.P.Singh, J. - (1.) This writ petition is by the State of U. P. against the judgment of Shri D. P. Varshni, Civil Judge, Nainital, dt. 21-2-1977 whereby the appeals preferred by the tenure-holder and his transferees were dealt with.
(2.) A notice u/s. 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) was served upon the opposite party No. 2 Mohammad Sharwat Yar Khan in the present writ petition who contested the notice and claimed exclusion of land sold by him and by his divorced wife. It was also alleged that unirrigated land has been shown as irrigated one and it had also been asserted that land sold by sale deeds prior to 24-1-1971 was wrongly held as the tenancy of the tenure-holder on 8-6-1973 and various other pleas were taken.
(3.) The prescribed authority through its judgment dt. 22-5-1976 declared 43.65 hectares of irrigated land as surplus area of the tenure-holder as is evident from Annexure 1 attached with the writ petition. Thereafter the tenure-holder as well as the transferees preferred appeals which were dealt with by the appellate authority through its judgment dt. 21-2-1977. Against the judgment of the appellate authority the tenure-holder had come in writ to this Court and had also gone to the Supreme Court but the judgment of the appellate authority has been confirmed.;