- (1.) HEARD Sri P. M. N. Singh, Sr. Advo cate assisted by Sri Sudhir Singh for the petitioner and Standing Counsel for the respondents.
(2.) BY the present writ petition the petitioners have prayed for a writ of certiorari quashing the order dated 1/-12-1981 passed by respondent no. 2. Briefly stated according to the petitioners a notice under section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, to Sri Radha Govind Singh, the original tenure holder, requir ing him to show cause as to why 145 Bigha and 12 Biswas of land (97 Bigha and 9 Biswas of land in term of irrigated land) be not declared as surplus land, out of his total holding of 366 Bighas and 2 Biswas. After service of the no tice on 28-11 -1974, Sri Radha Govind Singh filed objections on 28-12-1974, to the effect that 43 Bighas of his land was covered by a grove, 7 Bigha by passage, and 20 Bigha by abadi. Benefit for transfers made to Sri Ajya Kumar and Sri Yogendra Bahadur on 25-01 -1972, as gift were also claimed. The pre scribed authority eventually did not ac cept any of the contentions of the ap pellant and declared surplus land in terms of the notice-dated 31-10-1974, vide his order dated /-5-1976. Feeling aggrieved by the order passed by the prescribed authority Sri Radha Govind Singh has preferred an appeal before the Civil Judge, Nainital vide Ceiling Appeal No. 374 of 1979. The appeal was partly allowed by the Civil Judge vide order dated 29-6-1977 and the order dated /-5-1975 passed by the prescribed authority was modified and the prescribed authority was directed to review the part of his findings which deals with the existence of the grove.
(3.) THEREAFTER a writ petition No. 2977 of 1977 was filed in the Allahabad High Court and the court vide order dated 24-4-1979 quashed the orders passed by the prescribed authority as well as by the appellant authority so far as it related to the rasta. The prescribed authority was directed to determine the question of rasta also. Sri Radha Govind Singh thereaf ter died on 26-8-1980 before his surplus land could be determined and vested in the State of Uttar Pradesh. After his death, petitioners who are his sons, filed an application praying that after the death of their father, they became ten ure-holders in their own rights and they may be permitted to file objections. No objection was raised to this application, which was allowed. All the three peti tioners thereafter filed three separate ob jections claiming separately that the ceiling be determined treating each one of them as separate tenure-holder.;