Saumitra Dayal Singh, J. - (1.) This writ petition has been filed to challenge the order dated 26.9.2012 passed by the Prescribed Authority under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred as the Act.) and the order dated 13.6.2013 passed by the Additional Commissioner (Administration) Saharanpur Division Saharanpur in appeal arising there from. By order dated 26.9.2012, 26 Bigha 17 biswa and 16 biswansi land had been declared surplus in the hands of the petitioners who are grand sons and the legal representatives of one Allah Rakkha.
(2.) Briefly, the facts giving rise to the present petition are that one Allah Rakkha was a tenure holder of 36 bigha land in Village Rasulpur, Tehsil Jansath, District Muzaffar Nagar. Admittedly, Allah Rakkha had six sons one of whom Saeed died issue less. It is also the case of the petitioner that the sons of Allah Rakkha had purchased certain lands individually, on their own account during the period of 1971 to 1973. Details of those lands have been given in the writ petition. Again admittedly, no proceedings for declaration of surplus land under the Act were initiated up to as late as July 1990.
(3.) Petitioners claim that Allah Rakkha expired on 1.8.1972 and on his death the surviving sons of Allah Rakkha inherited the holding of the deceased in addition to the holding standing in their own names.;