K.P.SINGH,J. - (1.) THIS writ petition is directed against the judgment of Civil Judge, Jhansi dated November 4, 1978 in Misc. Civ-1 Appeal No. 273 of 1975, Phundi Lal v. State of U. P.
(2.) ONE of the points raised by the learned counsel for the peti­tioner before me is that the petitioner's land has wrongly been held by the appellate authority as single crop land. He has further con­tended that the burden has been placed wrongly on the shoulders of petitioner to indicate that he has failed to establish that the land of the petitioner was not Ek Fasla. In Section 4 of the U.P. Imposition of Ceiling on Land Holdings Act it has been provided as below: - "For purposes of determining the ceiling are under Section 5 or any exemption under Section 6- (i) ........ (ii) one and one-half hectares of single crop land or two and a half hectares of any other unirrigated land in the following areas, namely- (a) Bundelkhand." It is noteworthy that the petitioner is a resident of Bundelkhand and his land is situate in that area. Explanation to Section 4 of the aforesaid Act reads thus: - "For the purposes of clause (ii), the expression 'Single crop land' means any unirrigated land capable of producing only one crop in an agricultural year in consequence of assured irrigation from any State Irrigation work or private irrigation work." Private Irrigation Work has been defined in Section 3, sub-clause (14) as below: - '' 'private irrigation work' means a private tube-well, or a private lift irrigation work operated by diesel or electric power for the supply of water from a perennial water source, completed before August 15, 1972. State Irrigation Work has also been defined in Section 3, sub-clause (15) which reads thus: - " 'State irrigation work' means a canal as defined in the Nor­thern Indian Canal and Drainage Act. 1873, or a State Tube-well as defined in the United Provinces State Tube-wells Act, 1936, or lift irrigation work constructed, maintained or controlled by the State Government and operated by diesel or electric power for the supply of water from any perennial water source."
(3.) IN my opinion when the ceiling authorities decide a particular plot as a single crop area it is the duty of the ceiling authorities to indicate that the plot was unirrigated land but capable of producing only one crop in an agricultural year in consequence of assured irri­gation work.;