- (1.) PARITOSH K. Mukherjee, J. Although this matter is appearing for admission in the presence of both the parties, but it appears from the office report that the writ petition is filed out of time by five days.
(2.) HAVING considered the strong case in favour of the petitioner, the said delay in moving the writ petition of five days is condoned, and, by the consent of both the parties, the entire writ petition is taken up for hearing and final disposal. Smt. Archana Srivastava, learned counsel holding the brief of Sri Pankaj Srivastava, learned counsel appearing for the petitioner, is appearing before the Court, and placed following facts for consideration of this Court. Pradum Naresh being adopted son of Sri Chunni Lal is the writ petitioner in the present writ petition, and the writ petition is directed against the judg ment and order dated February 18, 1986 passed by the Prescribed Authority Ceil ing, Banda being respondent No. 3 whereby the said authority has declared 0- 13-10 Bighas of land as surplus.
(3.) INITIALLY a notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1973 (from hereinafter referred to as Act) was served upon Sri Chunni Lal some times in 1974. Said Sri Chunni Lal filed objection to the aforesaid notice under Section 10 (2) of the Act, and, had taken point that he had no surplus land which could be counted as surplus under the Act, and, the said notice was illegal as "unirrigated" area was shown as "irrigated" area and the land of other tenure- holders was included in the aforesaid notice.;