Amreshwar Pratap Sahi, J. - (1.) HEARD Sri Ramendra Asthana learned counsel for the petitioner and Sri N.P.Pandey for the State.
(2.) THE petitioner admittedly along with his brother the respondent no. 5 purchased 2 Bighas, 19 Biswas of land of plot No. 842 -A from Tribhuwan Nath on 27.6.1980 the recorded tenure holder. Proceedings under the U.P.Imposition of Ceiling of Land Holdings Act, 1960 had been initiated against Tribhwan Nath and the Prescribed Authority passed an order on 31.3.1975 declaring certain land as surplus. The tenure holder contested the matter in appeal and the matter was remanded where after the Prescribed Authority again passed an order on 17.1.1985. The order passed by the Prescribed Authority was taken in appeal and the appeal was dismissed. By virtue of the said order plot no. 842 -A area 6 Bighas, 2 Biswas and 1 Biswani and plot no. 842 -B area 2 Bighas 10 Biswas and 2 Biswansis and plot no. 230 -M area 1 Bigha, 3 Biswas and 2 Biswansi was declared as surplus.
(3.) THE petitioner is the purchaser of part of the area of plot no. 842 -A which sale deed was executed in 1980 five years prior to the passing of the order of the Prescribed Authority dated 17.1.1985. The petitioner thereafter claims to have occupied the said land and also raised constructions thereon.;