B.L.Loomba, J. - (1.) This writ petitions under Article 226 of the Constitution of India is directed against the judgment and order, dated 31.5.82 of District Judge, Bahraich, whereby the petitioner's appeal against the judgment of the Prescribed Authority in Case No. 42/415 under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act was dismissed.
(2.) The factual position relating to the matter appears like this. A notice under Section 10 (2) of the said Act was received by the petitioner tenure holder on 2.3.75, according to which 47.15 acres in terms of irrigated land was found to be surplus. The petitioner filed his objections which were subsequently amended on 7.6.76. Another notice from the Prescribed Authority under Section 10 (2) of the Act was received according to which surplus land shown was 58.510 acres. The petitioner filed objections which were subsequently amended. One of the main grounds raised through these objections filed by the petitioner was that while calculating the holding of the petitioner the land which belonged to his two wives, Smt. Shanti Devi and Smt. Ram Murti Devi, was wrongly included and clubbed with his land because his both the wives were judicially separated from the petitioner. It was also pleaded that the petitioner had executed a sale deed in favour one Bharat Lal in respect of 4.78 acres, vide sale deed, dated 22.10.71 and that Smt. Shanti Devi and Smt. Ram Murti Devi had sold land to various persons, vide registered sale deed particulars whereof are set out in paragraph 4 of the writ petition;
(3.) The Prescribed Authority accepted the plea of the petitioner in respect of the sale deeds which had been executed by Smt. Ram Murti Devi in favour of one Rai Singh and Smt. Bina Rani on 7.1.70 i.e. prior to the crucial date being 24.1.71. However, the objection was rejected in respect of the remaining five sale deeds which were executed after 24.1.71, the plea of judicial separation of the two wives of the petitioner was rejected.;