KRISHAN MURARI, J. - (1.) HEARD Sri W. H. Khan learned Counsel for the petitioner and learned Standing Counsel appearing for the respondents.
(2.) THIS petition arises out of proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1961, (hereinafter referred to as the Act). The facts in brief are that the petitioner was served with a notice dated 5 -3 -1984 under Section 29 read with Section 30 of the Act making that he holds 32.84 Acre of irrigated land and as such 3.79 acres of irrigated land is surplus with him. The petitioner filed objection to the said notice. The Prescribed Authority vide order dated 31 -1 -1985 declared 3.64 Acres in terms of irrigated land as surplus in the lands of the petitioner. The appeal filed by the petitioner was partly allowed by the appellate authority and instead 3.64 Acres an area of 2.14 Acres in terms of irrigated land was declared surplus.
(3.) IT has been urged by the learned Counsel for the petitioner that notice under Section 29 of the Act can only be issued in the circumstances, enumerated in the said Section. Section 29 of the Act reads as under. 29. Subsequent declaration of further land as surplus land. - Where after the date of enforcement of the Uttar Pradesh Imposition of Ceiling of Land Holdings (Amendment) Act, 1972, - (a) any land has come to be held by a tenure holder under a decree or order of any Court, or as a result of succession or transfer, or by prescription in consequence of adverse possession, and such land together with the land already held by him exceeds the ceiling area applicable to him; or (b) any unirrigated land becomes irrigated land as a result of irrigation from a State irrigation work or any grove land loses its character as grove land or any land exempted under this Act ceases to fall under any of the categories exempted, the ceiling area shall be liable to be re -determined (and accordingly the provisions of this Act. Except Section 16, shall mutatis mutandis apply. ;