HAR PYARI Vs. IIND ADDITIONAL JUDGE MORADABAD

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties.

(3.) The appellant herein, Har Pyari, was a co-heir along with her two sisters to the estate of their father. One of the sisters separated but the other sister Ram Pyari and the appellant continued to be together in possession and ownership of their joint holding. It transpired that proceedings under the U. P. Imposition of Ceiling on Land Holdings Act, 1960 were taken to determine the excess land of the right holder. Only Ram Pyari was associated in the proceedings. No notice was sent to Har Pyari, appellant. The procedural illegality apart, the property of the appellant was taken to be as if belonging to Ram Pyari and excess area to the tune of 3.22 acres was ordered to be taken away by the State. Since the appellant was not in the know of the order as she had never been served the notice and associated in the proceedings, she only awoke when she came in the clutches of the State when asked to surrender the excess land. Her objection to such course was met with resistance by the State and its functionaries which has led her ultimately to this Court after having exhausted all her remedies in the hierarchy. Her claim was rejected basically on the ground of being time-barred and not on merits.