RAGHUBIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises from the judgment of the High Court of Allahabad dated September 14, 1984 in which, upon a writ petition, is set aside the order of the First Additional District Judge, Nainital in a Ceiling Appeal.

(2.) The third respondent was the tenure-holder of agricultural land situated in Village Gumsani and Village Bichpuri. She transferred 64 bighas of the land in Village Gumsani to appellants Nos. 1 to 3 by a registered sale deed dated 10th May, 1974. On the same date, she transferred 64 bighas of the land in Village Bichpuri to the fourth appellant. In response to a notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holding Act, 1960, (hereinafter referred to as the Rs. Act') the third respondent field objections. The appellant sought to be made parties thereto and were impleaded. The prescribed authority did not accept as valid the transfers made by the third respondents in favour of the appellants, as aforesaid, and appeals were filed from his order. It is enough to State that the appeals were dismissed all the way and upon special leave petition field by the appellants before this Court, the following order was passed:-

(3.) The third respondent thereupon elected to surrender the land which had been transferred by her to the appellants. The appellants objected, but the prescribed authority overruled the same. The Ceiling Appeal was filed which was allowed by the Additional District Judge. Against his order, the third respondent filed the writ petition upon which the order under appeal was passed.