R.H.Zaidi, J. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel and also perused the record of the case carefully.
(2.) By means of this petition filed under Article'226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of prohibition restraining/prohibiting the Prescribed Authority, Ceiling Mahoba (previously Hamirpur) to proceed with , the case No. 18/10 of 1987, State v. Asghar Abbas pending in its Court. Prayer for issuance of a writ in the nature of certiorari quashing the notice dated 31.7.1987 and order dated 25.2.1989 has also been made.
(3.) The relevant facts of the case giving rise to the present petition are that on 3.4.1956 Ex Maharaja of Charkhari, , namely, Jaiyendra Singh Judeo, who was Bhumidhar of land in dispute, executed registered sale deeds and transferred his land in favour of Asghar Abbas, the petitioner, Ashraf Abbas, Athar Abbas, Mazahar Abbas, Sikandar Begum, Haidar Abbas, Bilquis Begum and Rabia Begum.The said transferees, in turn, sold the said land to seventeen other persons, details of which have been given in paragraph 23 of the writ petition. The petitioner executed a sale deed in favour of Saiyyadin Ahmad Rizvi in respect of 17.96 acres of land and on enforcement of the U.P. Imposition of Ceiling on Land Holdings Act, for short 'the Act' a notice under Section 10 (2) of the Act was issued to the petitioner clubbing the aforesaid 17.96 acres of land sold to Saiyyadin Ahmad Rizvi to which the objection was filed by the petitioner pleading that validity of the sale deed in question could not be seen by the Prescribed Authority and the land covered by the same could not be clubbed in his holding. Notice was, therefore, liable to be discharged. The Prescribed Authority after hearing the parties discharged the notice issued under Section 10 (2) of the Act to Sikandar Bagum on 23.11.1974. On 25.11.1974 the Prescribed Authority discharged the notice issued to the petitioner accepting the validity of the sale deed dated 13.3.1970. It was on 30.11.1974 that the Prescribed Authority also discharged the notice issued against Ashraf Abbas. On the same date noticed issued against Athar Abbas was also discharged. Thereafter the Prescribed Authority issued second notice under Section 10 (2) of the Act to the petitioner again clubbing 17.96 acres sold to Saiyyadin Ahmad Rizvi on 13.3.1970, which was also objected to and opposed by the petitioner. On 28.6.1976 similar second notice was discharged by the Prescribed Authority issued against Ashraf Abbas. The notice against the petitioner referred to above was also discharged after perusing the material on the record by the Prescribed Authority on 15.7.1979. The Prescribed Authority thereafter issued a third notice dated 31.7.1987 clubbing all the land transferred in favour of the petitioner and 17 other persons, who had no connection with the petitioner's land as well as the land sold on 13.3.1970 proposing an area of 162.60 acres in terms of irrigated land to be declared as surplus. The petitioner filed objection against the said notice. The Prescribed Authority dismissed the objection filed by the petitioner vide order dated 25.2.1989., Hence the present petition.;