S.N.Sahay, J. - (1.) The only question which arises for determination in this writ petition is whether plot No. 89-A is an irrigated land or not within the meaning of Section 4-A of the U.P. Imposition of Ceiling on Land Holdings Act, 1960. It was held by the Prescribed Authority that the above mentioned plot is an irrigated plot. But this finding was reversed in appeal by the learned IInd Additional District Judge, Bahraich. He has take the view after examining the entries in Khasra of 1380 fasli and entries made in the notice issued under the aforesaid Act that the said plot is unirrigated land.
(2.) Learned counsel for the petitioner has relied on the provisions of Section 4-A and the findings recorded by the Prescribed Authority. The material portion of Section 4-A reads as follows:- "The prescribed authority shall examine the relevant khasras for the years 1378 Fasli 1379 Fasli and 1380 Fasli, the latest village map and such other records as it may consider necessary, and may also make local Inspection where it considers necessary, and thereupon if the prescribed authority is of the opinion : thirdly, (a) that any land is situated within the effective command area of a lift irrigation canal of a State Tube-well or a private irrigation work; and (b) that the class and composition of its soil is such that it is capable of growing at least two crops in an agricultural year; then the prescribed Authority shall determine such land to be irrigated land for the purpose of this Act.
(3.) Explanation 1. For the purpose of this section expression effective command area means an area, the farthest field whereof in any direction was irrigated- (a) in any of the years 1978 Fasli, 1379 Fasli and 1380 Fasli; or (b) in any agricultural year referred to in the clause 'secondly.';