- (1.) Heard learned counsel for the petitioners and Shri Arya Shreshtha Tiwari, learned Additional Chief Standing Counsel representing the State-respondents.
(2.) Under challenge in this writ petition filed under Article 226 of the Constitution of India is an order dated 31.10.2002 passed by the Prescribed Authority (Ceiling)/Additional Collector, Kheri whereby he has declared 14.06 acres of land in un-irrigated terms to be surplus from the total area of the land of the tenure holder against whom proceedings under section 10(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the Ceiling Act, 1960') were drawn.
(3.) A notice under section 10(2) of the Ceiling Act, 1960 was issued to the tenure holder who is the predecessor in interest of the present petitioners to which he filed objection and reply taking therein various pleas including a plea relating to two registered sale deeds dated 07.04.1966, the one was executed in favour of Smt. Gurmeet Kaur and Smt. Kapoor Kaur and the other was executed in favour of Paramjeet Singh in respect of the land situate in village-Indernagar. The Prescribed Authority considered the said objection and vide his order dated 16.12.1981 declared an area of 30.64 acres of land as surplus which is equivalent to 20.432 acres in irrigated terms. Feeling aggrieved by the said order dated 16.12.1981 passed by the Prescribed Authority, the tenure holder preferred an appeal under section 13 of the Ceiling Act, 1960 before the appellate court, however, the said appeal was dismissed by the appellate court vide its order dated 24.09.1982.;