R.H. Zaidi, J. - (1.) Heard learned counsel for the parties.
(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 certiorari quashing the orders dated 10.1.1986 passed by the Prescribed Authority and 17.7.1986 passed by the Appellate Authority under the U.P. Imposition of Ceiling on Land Holdings Act, for short the Act'.
(3.) The relevant facts of the case giving rise to the present petition, in brief, are that a notice under section 10(2) of the Act was issued to the petitioner, Prem Pal Singh, calling upon him to show cause as to why the land specified in the said notice be not declared as surplus out of his holding. The petitioner filed objection against the aforesaid notice contending that no land out of his holding was liable to be declared as surplus as the entire land was unirrigated. Parties produced evidence in support of their cases. The Prescribed Authority after hearing the parties and perusing the material on the record, allowed the objection in part by its judgment and order dated 30.4.1976 and declared an area measuring 9 bighas 9 bis was and 3 biswansis as surplus, out of the holding of the petitioner. The said order, passed by the Prescribed Authority, became final. Thereafter in the year 1981, a fresh notice was issued to the petitioner on 27.6.1981 under section 10 (2) read with section 29 of the Act on the allegation that in the meanwhile the land of the petitioner became irrigated. On receipt of the said notice, the petitioner again filed an objection contending that the fresh notice could not be issued to him as the matter relating to determination of ceiling limit has already been finalized between the parties in the year 1976. It was also urged that the land specified by the petitioner was unirrigated. On behalf of the State oral and documentary evidence was produced while on behalf of the petitioner, he examined himself as a witness. The Prescribed Authority, however, dismissed the objection filed by the petitioner and declared an area measuring 10 bighas 14 biswas and 1 biswansi as surplus, by his judgment and order dated 10.1.1986. Aggrieved by the aforesaid order, petitioner filed an appeal before the Appellate Authority. The Appellate Authority dismissed the appeal and upheld the findings recorded and the order passed by the Prescribed Authority, referred to above, by its judgment and order dated 17.7.1986, hence the present petition.;