Paritosh K.Mukherjee, J. - (1.) ALTHOUGH, this miscellaneous writ petition has come up for admission, but, by the consent of both the parties, this writ petition is taken for hearing.
(2.) THIS writ petition is directed against the order dated 16-4-1988 passed by the Additional Commissioner Jhansi, dismissing the appeal, preferred by the petitioner, and, allowing the appeal. preferred by the state, arising out of the determination made by the Prescribed Authority, Hamirpur. Short facts stated in the instant writ petition are as follows :- Petitioner was served with a notice under section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act (from hereinafter referred to as the Act) in October, 1982, in which it was stated that the petitioner has total holding of an area of 46. 14 acre, out of which 25 99 acre was shown as fully irrigated, and an area of 20.15 acre was shown as "non irrigated" The total land in Irrigated land was shown as 34 05 acre. The ceiling area of the petitioner was fixed as 22.96 acre, as such an area of 11.09 acre In irrigated' terms was proposed to be declared as surplus. Petitioner filed an objection stating that his land of village Islampur and of village Gutakwara is non-irrigatad, it cannot be classified as fully irrigated, and, also it is not in command area of any tube well.
(3.) PETITIONER further submits that he has 3 major sons, namely Phool Singh, Sant Ram and Sadhu Singh as such every major son should have been given two hectare of additional irrigated land. According to the petitioner State examined the Lekhpal, namely, Sri Prakash. In his deposition, the Lekhpal has nowhere stated that the class and composition of soil belongs to the petitioner is such that it is capable of growing two crops. He clearly admitted that in the extract of khasra, nowhere two crops have grown in any agricultural year. It was further "stated by him that only one crop has been grown In an agricultural year. No 'extract of khasra of the years, 1388, 1389 anil I390F was filed, as such, the question of irrigation was not determined in accordance with section 4-A of the Act.;