BHUPENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Special leave to appeal granted.

(2.) This is an appeal by special leave against a judgment, dated May 23, 1978; of the High Court of Allahabad, whereby Civil. Misc. Writ Petition No. 4499/77 arising out of Revenue Appeal No. 253/77 was dismissed.

(3.) The Prescribed Authority under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (Act No. 1 of 1961) (as amended by U. P. Act 18 of 1973) issued notice to the appellant to show cause why 25.93 acres of land be not declared as surplus with him. In response to this notice, the appellant filed objections stating, inter alia, (i) that the entire land was unirrigated and it had been wrongly shown in the notice as irrigated land; (ii) that he had sold 40 acres of his land (20 acres to Pushpek Singh and 20 acres to Raghubir Singh Sondhi) on July 23, 1971 and August 9, 1971 by registered sale deeds, for adequate consideration and in good faith; and (iii) that-the sales were effected to raise funds for constructing a residential house in Delhi. He further stated that he had delivered possession to the vendees. The Prescribed Authority rejected the objections of the appellant and ignored these sales and declared 25.93 acres of land as surplus with the appellant.