R.H. Zaidi, J. - (1.) Heard learned counsel for the petitioner and learned Standing counsel.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner challenges the validity of the order dated 29.3.1985 passed by the Prescribed Authority declaring an area measuring 2.80 acres of land out of his holding as surplus and the order dated 16.3.1988 passed by the Appellate Authority dismissing the appeal filed against the order passed by the Prescribed Authority.
(3.) It appears that a notice under section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, for short 'the Act', was issued to the petitioner calling upon him to show cause as to why an area measuring 2.80 acres of land from his holding be not declared as surplus. The petitioner filed objection claiming that the land, which was shown as irrigated, is unirrigated land and that there were as many as six members in his family and not five. Therefore, he was entitled to 2 hectares more land. The parties in support of their cases, produced evidence. The Prescribed Authority after perusing the material on the record, declared an area measuring 2.80 acres of land out of the folding of the petitioner as surplus after recording findings on the questions of irrigated and unirrigated land as well as on the number of members of family, by his judgment and order dated 29.3.1985. Feeling aggrieved by the aforesaid order, the petitioner filed an appeal before the Appellate Authority. The Appellate Authority has also affirmed the findings recorded by the Prescribed Authority and dismissed the appeal by its judgment and order dated 16.3.1988, hence the present petition.;