Ram Surat Ram, J. - (1.) Heard Sri A.K. Jauhari, for the petitioners and Standing Counsel, for the respondent, State of U.P.
(2.) These writ petitions have been filed against the orders of Prescribed Authority (Ceiling), dated 25.07.2005, declaring 4.932 hectare land, in terms of irrigated land as surplus with Ramesh Chandra Tiwari and Additional Commissioner dated 28.09.2005, dismissing the appeals of the petitioners, 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 09.05.2002 (served on 06.06.2002) to Ramesh Chandra Tiwari under Sec. 10(2) of the Act, showing 4.932 hectare land, in terms of irrigated land as surplus with him. In the notice, plots 103 (area 0.030 hectare), 109 (area 0.190 hectare) and 422 (area 0.030 hectare) of village Achchheypur Kirmili, 156 (area 0.359 hectare) of village Banauni, 69 -A (area 0.237 hectare), 69 -B (area 0.088 hectare), 75 (area 0.041 hectare), 76 (area 0.559 hectare), 89 (area 0.335 hectare) and 90 (area 0.278 hectare) of village Mirpur Maraucha (total area 2.147 hectare in terms of irrigated land) of Lakshmi Shankar Tiwari were included in holdings of Ramesh Chandra Tiwari, on the ground that Lakshmi Shankar Tiwari died on 22.02.1998 and was inherited by Ramesh Chandra Tiwari, who was his only son, under Sec. 171 of U.P. Act No. 1 of 1951.;