K.P. Singh, J. - (1.) This writ petition is directed against the judgment of the Additional Civil Judge, Bulandshahr dated 22nd December, 1976 in Ceiling Appeal No. 228 of 1976 Smt. Sunehro v. State of U. P. and others .
(2.) It appears that a notice under Sec-on 10 sub-clause (2) of U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as "the Act") was served upon tenure-holder Harbans Singh, who contested the notice. During the proceedings against Harbans Singh, the present petitioners were situated in place of the deceased tenure-holder. Later on the aforesaid proceeding was wrongly abated. Thereafter a fresh notice was issued to the petitioner No. 1 Smt. Sunehro widow of deceased Harbans Singh asking her to show cause as to why 7 Bighas 6 Biswas of the holding of the tenure-holder should not be declared as surplus area. The petitioner No. 1 Smt. Sunehro contested the notice on the allegations that her husband had executed a will dated 29-1-1972 whereby she was not only legal heir of her deceased husband, hence the statement given along with the notice served upon petitioner No. 1 was wrong and that petitioner No. 1 had no surplus area and that notice should be discharged.
(3.) The prescribed Authority also issued notices to the other heirs indicated by the present petitioner No. 1 who also filed objection alleging that tenure-holder Harbans Singh had died on 10-8-1975 and he had executed a will on 29-1-1972 and that the notice issued to deceased Harbans Singh had been discharged. Therefore, the subsequent notice to the widow was barred by Section 11 C. P. C. It was further alleged that the proceedings against Smt. Sunehro were barred in view of the provisions of Section 29 of the Act, and therefore, it was prayed that the notice be discharged.;