- (1.) HEARD Sri A.B. Singh, counsel for the petitioner and Sri Sanjay Goswami, Standing Counsel, for the respondents.
(2.) THE writ petition has been filed against the orders of Prescribed Authority dated 31.03.1994, declaring an area of 29.81 acre land, in terms of irrigated land as surplus with the petitioner and Commissioner Gorakhpur Division, Gorakhpur dated 20.04.1995, dismissing the appeal of the petitioner, in the proceedings under Section 10 (2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act). Prescribed Authority issued a notice under Section 10 (2) of the Act to the petitioner and by order dated 20.04.1974 declared an area of 10.20 acre land, in terms of irrigated land as surplus with the petitioner. The petitioner filed an appeal from the aforesaid order. During pendency of the appeal, a fresh notice under Section 10 (2) of the Act dated 30.12.1975 was issued, in pursuance of the Act being amended by U.P. Act No. 18 of 1973, showing an area of 28.34 acre land, in terms of irrigated land, as surplus with the petitioner. The notice was contested by the petitioner, mainly on the ground that Rudra Bhan Giri, his son was born on 25.03.1949 as such he had become coparcener with him in the ancestral sir and khudkast land. There was divorce between him and his wife from a long time due to which the properties recorded in the name of his wife Smt. Kamla Devi could not be included in his holdings. Rudra Bhan Giri, son of the petitioner also filed his objection and contested the matter. The Prescribed Authority by judgment dated 29.06.1976 declared 18.87 acre land, in terms of irrigated land as surplus with the petitioner.
(3.) THE petitioner filed an appeal (registered as Ceiling Appeal No. 404 of 1976) from the aforesaid order. The appeal was heard by IVth Additional District Judge, Deoria, who by order dated 10.08.1977 partly allowed the appeal of the petitioner and held 10.78 acre land, in terms of irrigated land as surplus with the petitioner. The petitioner filed a writ petition (registered as Writ Petition No. 5057 of 1977, which was dismissed on 13.04.1978. The petitioner moved a Review Application before the appellate court, which was rejected by order dated 13.01.1979. The petitioner then filed another writ petition (registered as Writ Petition No.1914 of 1979, which was dismissed by this Court by order dated 14.09.1981.;