- (1.) No counter affidavit has been filed to the amendment application despite the order dated 22.5.1997. The amendment application is allowed. Substitution application is also allowed.
(2.) Proceedings initiated against the petitioner under Section 10(2) of the U.P. Imposition of Ceiling on Land Holding Act, 1960 (hereinafter referred as the Act) culminated in an order of the Prescribed Authority dated 31.1.1977 whereby 53.06 acres of irrigated land was declared as surplus. Not being satisfied the petitioner filed an appeal inter se 13 of the Act. The appeal was partly allowed vide judgement and order dated 23.12.1977 and the total surplus area with the petitioner was reduced to 36.48 acres. The petitioner was not satisfied even thereafter he, therefore, filed Writ Petition No. 1660 of 1978. The writ petition was allowed vide order dated 20.7.1979 & 14.8.1980 and the matter was remanded to the appellate authority qua decision afresh in terms of the observations made by the High Court. The appellate authority in turn remanded the matter to the Prescribed Authority vide order dated 07.07.1985.
(3.) On remand the Prescribed Authority having regard to the directions framed 3 issues for determination. (a) Whether the petitioner was entitled to two hectares of additional land in respect of one major son or not (b) Whether the petitioner was entitled to reduction in total area shown to be possessed by him because of double entry of the plots. (c) Whether the determination of the plots being irrigated or not, has been made in accordance with Section 4(A) of the Act, 1960 and whether the petitioner was entitled to certain area as it was grove.;