Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioner challenging the order dated 30.10.1995 passed by the Prescribed Authority (Ceiling) in Case No. 1 of 1993-1994 (State of U.P. Vs. Karan Singh) and also the order dated 14.7.2008 passed by the Additional Commissioner (Judicial), Saharanpur Division, Saharanpur rejecting the Appeal No. 1 of 2007-2008.
(2.) The facts necessary for decision of the controversy are as follows:-
(3.) A notice dated 31.1.1975 under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the 'Ceiling Act') was issued to the father of the petitioner, namely Karan Singh. Karan Singh filed his objections. Thereafter Case No. 460-A/1974 was registered and after hearing the parties, six issues were framed, and then the Prescribed Authority, Muzaffarnagar by order dated 3.6.1975 set aside the notice dated 31.1.1975 and held in favour of Karan Singh that out of 85 Bighas 17 Biswas and 2 Biswansi of land of his original holding 25 Bighas 17 Biswas and 10 Biswansi was unirrigated. Thus, the same was liable to be ignored. The total holding of Karan Singh was reduced to 59 Bighas 19 Biswa and 12 Biswansi. There were two major sons and at that time the ceiling limit was 64 Bighas 17 Biswas and 12 Biswansi. Therefore, the land of Karan Singh was held to be within the Ceiling limit. No Appeal was filed against this order by the State and it was allowed to attain finality.;