GURMIT SINGH Vs. COMMISSIONER KUMAON DIVISION NAINITAL

JUDGEMENT

(1.) Heard Sri Siddhartha Singh, the learned counsel for the petitioners and Mr. R. C. Arya, the learned brief holder for the respondents.

(2.) Proceedings under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (herein after referred to as 'the Act') was initiated against the father of the petitioners. Notice was issued by the respondents declaring 11.12 acres of surplus land. The petitioners' father filed his objection contending that in view of Section 4-A of the Act, the land was unirrigated and, consequently, there is no surplus land. The prescribed authority, after considering all aspects of the matter, passed an order dated 18th August, 1987 declaring 2.97 acres of land as surplus.

(3.) The petitioners preferred an appeal before the Commissioner, who by order dated 28th March, 1989, allowed the appeal and remanded the matter to the prescribed authority to give a finding as to whether the land is irrigated or unirrigated under Section 4-A of the Act. Upon remand, the prescribed authority passed an order dated 31st August, 1989 again declaring 2.97 acres of land as surplus land. The petitioners again filed an appeal, which was allowed by order dated 30th November, 1990. The appellate court issued a direction that the prescribed authority is required to give a specific finding on irrigated and unirrigated land as contemplated under Section 4-A of the Act and also consider paragraph A-95 of the U.P. Land Record Manual.