- (1.) S. P. Srivastava, J. Heard the counsel for the petitioner.
(2.) PERUSED the record. Proceedings were initiated under the provisions of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) against Iqbal Bahadur Singh treating him to be the ex clusive tenure-holder of a large number of agricultural holdings. The notice issued under Section 10 of the Act was contested by Iqba! Bahadur Singh, the recorded tenure-holder. The matter came up for considera tion before this Court in Civil Misc. Writ Petition No. 8840 of 1979 decided on 12-11 -80. This writ petition had been filed by Sri iqbal Bahadur Singh, the sole recorded tenure-holder challenging the orders passed by the Prescribed Authority as well as the Appellate Authority whereunder the ex tent of the surplus area held by the aforesaid tenure-holder had been determined. A perusal of the judgment and order passed by this Court dated 12-11-80 referred to hereinabove indicates that only two sub missions had been made by Sri Iqbal Bahadur Singh, the recorded tenure- holder. This Court vide the aforesaid decision in the aforesaid case allowed the writ petition in part and restoring the appeal of Iqbal Bahadur Singh on its original number directed the appellate authority to decide the questions indicated in the judgment afresh according to law. These questions were about the nature of plot No. 1094 of village Ramipur and the land of the petitioner in village Magarasa and Kathoghan. The appellate authority was re quired to find out whether the aforesaid plot and the land could be taken as irrigated or unirrigated as contemplated under the Act. The second question was in regard to the alleged transfers which were covered under the issues No. 8 and 9 framed by the Prescribed Authority.
(3.) DURING the pendency of the remanded appeal Sri Iqbal Bahadur Singh, the recorded tenure-holder died and was substituted by his wife, Jugraj Kumar as the legal representative of the deceased tenure- holder. The appellte authority in its turn partly allowed the appeal and remanded the case back to the Prescribed Authority for decision afresh in respect of the matters involving under questions No. 1, 2 and 3 framed by the appellate authority keeping in view the observations and directions con tained in the decision of this Court dated 12-11-80. During the pendency of the case before the Prescribed Authority subsequent to the remand by the appellate authority. Vide its order dated 29-2-88, the present petitioner filed an application claiming that he was the son of the original tenure- holder Iqbal Bahadur Singh and was born on 2-1-52. He claimed to have half share in the ancestral Sir, Khudkast and grove asserting that the notice taking the entire holding as belonging to Iqbal Bahadur Singh alone was manifestly erroneous. It was requested that the extent of surplus holding be determined taking into consideration the fact that the recorded tenure-holder Iqbal Bahadur Singh had only half share therein.;