- (1.) PARITOSH K. Mukherjee, J. Entire matter is taken up for final disposal by the consent of learned counsel appearing for the parties although the matter being origin of 1989 is pending admission for seven years.
(2.) THIS writ petition arises out of an appellate order, passed by the Addi tional Commissioner (Administration), Varanasi division, Varanasi dated July 28, 1988, affirming the decision of the Prescribed Authority dated February 29, 1988 while determining the ceiling area, on the land of the petitioner, under the provisions of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (from hereinafter referred to as the Act ). Writ petition was initially moved before Hon'ble K. P. Singh, J. on Septem ber 29, 1988 for its admission, and, on the said date His Lordship granted inter im order, restraining the respondents, not to dispossess the petitioner from the land declared as surplus. The original proceedings having been challenged in appeal, the Appellate Authority, being Additional Commissioner, affirmed the decision taken by the Prescribed Authority, hence the present writ petition.
(3.) SRI Namwar Singh, learned counsel appearing for the petitioner submits that in computation of the surplus land, the Prescribed Authority did not deter mine the ceiling area, in terms of provisions of Section 4-A of the Act, which is set out herein below : ''4-A Determination of irrigated land.-The Prescribed Authority shall examine the relevant Khasras for the years 1378 Fasli, 1379 Fasli and 1380 Fasli, the latest village map and such other records as it may consider necessary, and may also make local inspection where it considers neces sary, and thereupon if the Prescribed authority is of opinion : Firstly : (a) that, irrigation facility was available for any land in respect of any crop in any one of the aforesaid years; by- (i) any canal included in Schedule No. 1 of irrigation rates notified in Notification No. 1579-W/xxiii-62- W-1946, dated March 31, 1953, as amended from time to time; or (ii) any lift irrigation canal; or (iii) any State tube-well or a private irrigation work; and (b) that at least two crops were grown in such land in any one of the aforesaid years; or. . . . . . " It appears from the aforesaid provision of Section 4-A that Prescribed Authority has to examine relevant khasras for the years 1378 Fasli, 1379 Fasli and 1380 Fasli, as well as latest village map and other connected records, as it may consider necessary, and may also make local inspection where it considers neces sary before declaring an area as surplus for ceiling purposes, as to whether the land is receiving irrigation facilities through canal, lift irrigation canal or deep tube-well and as to whether the land is capable of growing alteast two crops in any one of the aforesaid years.;