ANIL KUMAR,J. - (1.) HEARD Sri M.A. Siddiqui, learned counsel for the petitioner and Sri Nirmal Tewari, learned Additional Chief Standing Counsel for the opposite parties.
(2.) BY means of present writ petition, the petitioner has challenged the order dated 26.12.1985 passed by the Prescribed Authority and the order dated 28.10.1987 passed by Additional Commissioner (Judicial) Faizabad Division, Faizabad, which are annexed as Annexures no. 4 and 6 to the writ petition. The facts, as submitted by the learned counsel for the petitioner in brief, are to the effect that the controversy in the present case, relates to plot Nos. 640 and 549 situated in village Mahuwa, Pargana Khandasa, Tehsil Bikapur District Sultanpur (hereinafter referred as 'plot in question'). In respect to plot in question the Prescribed Authority under U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred as an 'Act') had issued a notice under Section 9(2) of the Act on 3.11.1973. In spite of the said fact, the petitioner did submit any statement in respect to details of her property. On 22.3.1974, a notice under Section 10(2) of the Act was again issued by the Prescribed Authority on the ground that 12 biswa 4 bisvanshi land was proposed to be declared as surplus out of the holding of the petitioner.
(3.) AFTER receiving the said notice, petitioner submitted her reply on 10.5.1974 stating therein that plot No. 640 and 549 have already been sold out in the year 1970 and she was not in possession of those plots in question and in this regard the petitioner has stated in para 3 of the writ petition which are quoted below: "That on receiving notice under Section 10(2) of the Act the petitioner filed her objection on May 10,1974 specifically stating therein that plot Nos. 640 and 549 have been sold in 1970 and she is not in possession of these plots and she therefore alleged that the land recorded in the name of Shri Thakur Ram Janki is the property of the Trust created by a registered waqf deed dated January 27,1959 in favour of Shri Thakur Ram Janki and she filed Khetaui 1376 and 1378 Fasli and also Khasra extract of 1381 Fasli of .village Mahuwa and also examined Radhika Prasad and Ganpati as her witnesses. In this way she claimed that the land of Shri Thakur Ram Janki should not and could not be clubbed to the land of the petitioner for ceiling purposes." ;