SUDHIR AGARWAL,J. - (1.) The writ petition is directed against order dated 16.4.1987 (Annexure 8 to the writ petition) passed by Additional Commissioner, Agra Division, Agra in appeal No.4/86-87 under Section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as "1960 Act") dismissing appeal of the petitioner and confirming the order dated 25.2.1986 of Prescribed Authority, Bhogaon Mainpuri rejecting objection of petitioner against declaration of 8.22 acres of irrigated land as surplus.
(2.) THE facts in brief giving rise to the dispute in the present case may be given as under. Rao Balbhadra Singh was the grand father of petitioner who had two sons namely Rao Mahesh Singh and Vir Bhadra Singh. Rao Mahesh Singh had two sons i.e. petitioner-Krishna Pratap Singh (since deceased) (his legal heir as substituted in the writ petition) and Sri Madho Narain Singh. A notice under Section 10(2) of 1960 Act was issued by Prescribed Authority to Rao Mahesh Singh proposing to declare 8.22 acres of land surplus in respect to plot No.1295. The Prescribed Authority found tenure holder possessing total 26.26 acres of irrigated land hence he declared 8.22 acres of irrigated land as surplus.
(3.) THE petitioner- Krishna Pratap Singh, who was not issued notices, filed objection that land in question was ancestral and therefore 1/3rd of land each should have been allowed to the two sons of Rao Mahesh Singh which has been omitted and had the said share of petitioner and his brother would have been allowed, there would not have been any surplus land. Copy of the said objection is Annexure 3 to the writ petition.;