B. N. Sapru, J. - (1.) THIS writ Petition arises out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act).
(2.) THE petitioner was a tenure-holder of certain land and a notice u/Sec. 10 (2) of the Act was served on him. He filed objections. One of the objections was that the petitioner had by a registered sale deed dated 20th March, 1972, transferred certain land in favour of Naina Kumari for a sale consideration of Rs.7000/- and the land sold should be excluded from his holding, while determining the ceiling area, applicable to him. The Prescribed Authority rejected this part of the objections on the ground that the sale deed had been executed after 24th January 1972, and therefore, the transfer had to be ignored while determining the ceiling area and the surplus land, in view of the provisions of Sec. 5 (6) of the Act. The petitioner filed an appeal and the appeal in this regard was also dismissed.
(3.) BEING aggrieved by the order of the Prescribed Authority and the appellate authority, the petitioner has filed the present writ petition. The writ petition has been pressed only in regard to the question as to whether the transfer made under the sale-deed dated 20th March, 1972, should be ignored, or not. From the record, it is clear that the sale deed dated 20th March, 1972, was followed by mutation in favour of Naina Kumari. In this connection in para 15 of the writ petition, it is specifically stated that after the transfer the land was mutated in favour of Naina Kumari. This factual assertion made in the para was not denied in paragraph 9 of the counter-affidavit.;