K P DWIVEDI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of proceedings under the provisions of the Uttar Pradesh Imposition of Ceiling On Land Holdings act, 1960 (hereinafter referred as the Act). The appellant, who is holder of the lands involved, feels aggrieved by the order dated 29.3.1996 passed by the Prescribed Authority/Additional Collecr (Supply), Gorakhpur which, it is alleged, has been wrongly confirmed by the impugned order of the High Court dated 09.5.1997.

(2.) The proceedings under the Act have taken a long and a rewinding course. Its brief survey is necessary appreciate the challenge made by the appellant the impugned orders of the Prescribed Authority and the High Court. The appellant has lands in two villages viz., Rampur and Raghapati. Before the Prescribed Authority, the appellant claimed exclusion of certain lands transferred bona fide by him. He also sought exclusion of certain lands covered by canal constructed by the State of U.P. He also claimed exclusion of land which he described as grove land. The appellant also raised dispute about the classification of his lands by the authority as irrigated and unirrigated. His case was that some of the lands were unirrigated and cannot be treated as irrigated for working out the ceiling limit. The appellant also submitted that the lands were the joint family property and he had only 1/10th share in the same. The appellant also claimed option surrender lands covered by the canal.

(3.) The Prescribed Authority by order dated 29.11.1976 rejected most of the objections raised by the appellant and declared 23.84, 12/25 acres in two villages as surplus land in terms of it being irrigated land with the appellant.