Ram Surat Ram (Maurya), J. - (1.) Heard Sri Anoop Kumar Srivastava, for the petitioner and Standing Counsel, for the respondent, State of U.P.
(2.) This writ petition has been filed against the orders of Prescribed Authority (Ceiling), dated 30.01.1997, declaring 17 -17 -8 bigha land, in terms of irrigated land as surplus with the petitioner and Additional Commissioner dated 17.01.1998, dismissing the appeal of the petitioner, in proceedings under of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act).
(3.) Prescribed Authority (Ceiling) issued a notice dated 01.03.1989 to the petitioner under Sec. 10(2), read with Sec. 29 of the Act, showing 27 -19 -11 bigha land, in terms of irrigated land as surplus with the petitioner. In the notice, an area of 48 -11 -12 bigha, irrigated land at village Tipahar, 3 -15 -1 bigha irrigated land at village Majhlepur, 3 -17 -1 bigha irrigated land at village Dhakauli and 0 -13 -0 bigha land at village Bahadurpur (total area 56 -16 -3 bigha) were shown as the holdings of the petitioner. It has been stated that aforesaid land of village Tipahar was inherited by the petitioner, after death of his brother Tribhuwan Kumar Jain as such he had come in ceiling limit. The petitioner contested the notice and filed his reply dated 20.03.1989, stating therein that an area of 22 -1 -1 bigha of plot 939 of village Tipahar was usar and un -irrigated land. Previously, proceedings under the Act was taken against Tribhuwan Kumar Jain, his elder brother, in which appellate court by judgment dated 27.08.1975 held an area of 22 -1 -1 bigha plot 939 as usar land and remaining area of 26 -0 -0 bigha of this plot as un -irrigated land this judgment has become final and operated as res -judicata. Land of villages Dhakauli, Majhlepur and Bahadurpur were usar and un -irrigated land and have been wrongly shown as irrigated land. Family of the petitioner consisted Adi Kumar Jain (born on 04.08.1932), Km. Bharti Jain, his daughter (born on 05.06.1963), Km Rachna Jain, his daughter (born on 03.05.1966), Hemant Kumar Jain, his son (born on 31.07.1967), Shishir Kumar Jain, his son (born on 01.07.1970) and Smt. Geeta Jain, aged about 50 years, his wife. As such he was entitled to two hectare extra land.;