GYAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this writ petition, the petitioners have sought the following relief:-

(2.) Brief facts giving rise to the present writ petition, according to the petitioners are that initially proceedings under the provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (for short the Act) were initiated and Ceiling Case No. 51/15 of 86-87, State Vs. Daleep Singh was registered before the Prescribed Authority/Additional District Magistrate (Finance & Revenue) Nainital. A notice under Section 10(2) of the Act was issued against the tenure holder-respondent No. 4, Daleep Singh as to why land measuring 126 Bigha 16 Biswa (unirrigated) be not declared surplus from his holdings. The land-holder Daleep Singh had died. His three sons, who have been substituted in place of deceased respondent No. 4 Daleep Singh herein filed reply and asserted that all the three sons of the deceased are cultivating their land separately and they are living separately and that they have no surplus land. In the proceedings, Sri Ranjeet Singh, Balweer Singh, Kashmir Singh and Jageer Singh moved application for their impleadment and they were made a party. They filed their objection contending that they are Adhivasi and Bhumidhar of plot Nos. 40, 63, 76 and 38A and their land cannot be clubbed with the land of the tenure holder Daleep Singh. Similarly, the petitioner Gyan Singh, Darshan Singh, Palvender Singh. Gurcharan Singh and Balvender Singh, sons of late Diwan Singh moved an application and they were also impleaded as party to the proceedings. The deceased petitioner Gyan Singh filed his objection asserting that he had been in occupation of the plot Nos. 42-C 43M, 46 and 76 B, total area 50 Bigha 1 Biswa for the last 33 years and his possession is adverse to the true land owner and that the land in his occupation cannot be declared surplus. Similar objections were taken other persons who were impleaded as party to the proceedings. The opposite parties including Gyan Singh (deceased petitioner herein) in support of their case examined themselves on oath and Gyan Singh in his statement on oath stated that he has been in occupation of land of plot Nos. 42C, 43C, 46-B and 76 B, total area 50 Bigha, 1 Biswa for the last 33 years and his occupation is unlawful against the true owner and a suit under Section 229B is pending in the court of Commissioner. The occupants filed documentary evidence including extracts of Khatauni, Khasra etc. before the Prescribed Authority.

(3.) On behalf of the State, as many as three Patwaris were examined in the case. The learned Prescribed Authority after considering the evidence led by the parties did not find favour with the objection raised by the deceased petitioner Gyan Singh and ultimately passed the impugned order dated 15-9-1988 and declared 58 Bigha-12 Biswa unirrigated land of the tenure holder as surplus land.