- (1.) BY means of this writ petition, the pe­titioners has sought a writ in the nature of certiorari to quash the judgment and order dated 27-3-1984 passed by respond­ent no.3-Prescribed Authority, Ceiling/Sub Divisional Officer, Kashipur, district Nainital (now Udham Singh Nagar) as well as the judgment and order dated 23-5-1985 passed by the respondent no.3-1 Ad­ditional District Judge, Nainital (Annexure Nos. 15 and 17 respectively to the writ petition).
(2.) RELEVANT facts, giving rise to the present writ petition, in brief, are that a notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (for short the Act) along with a copy of C.L.H. Form 111 as per Rule 6 of the Rules framed under the Act was issued to the petitioner calling upon him to show cause why the draft statement may not be accepted as correct and the land be not declared surplus. In response thereof, the petitioner filed his objection on 12-8-1982 alleging that the draft state­ment is not correct and the petitioner does not possess any land in excess of the ceil­ing limit under the Act. The petitioner had taken other grounds in the objection including that the notice is contrary to the provisions of the Act as well as the Rules framed thereun­der and being void the same is liable to be cancelled. The description of the hold­ings is incorrect because the holding in possession of the petitioner is neither irri­gated nor surplus. It was also alleged that the land transferred by the petitioner in fa­vour of one Smt. Gurmit Kaur through registered sale deed dated 12-8-1977 has been included in the notice and the vendee is in possession of the under the sale deed since then and the objector/petitioner has no concern with that land. It was further alleged that there are resi­dential houses standing over plot No. 71/1 area 0.10 acre in village Kudainyanwala and the same being non-cultivable has to be excluded for determining the ceiling limit.
(3.) THE petitioner also alleged that he exchanged his holding of plot no. 81/438 and 83/5 measuring 9.50 acres of the said village with Sodhi Mailender Singh against his holdings of plot no. 725/4 area 9.50 acres situated in village Sarwar Khera, Tehsil Kashipur with reference to order dated 11-12-1979 passed by Sub Divi­sional Officer Kashipur in Case No. 22/1 of 1978-79. In the notice that land has also been included in the holdings of the objector. It was also alleged that the land covered by pucca road, Nali, Gaddha etc. should not have been included in the hold­ing of the petitioner as mentioned in the objection. It was further alleged that there is old grove of mango, Malta, orange and other fruit bearing trees in Khasra no. 725/4 area 9.50 acres situate in village Kawwar Khera regarding which no exemption has been given in the C.L.H. Form 3 to which the objector is entitled. It is also alleged that some other land as mentioned in clause K, L and M of the memo of the writ petition and detailed in the objection should not have been included in the hold­ings of the petitioner.;