BAIA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) I. M. Quddusi, J. Heard Sri VK. S. Chaudhary, learned senior advocate and the learned standing Counsel.

(2.) THE brief facts of the case are that one Sukh Deo Prasad, who was tenure holder of the land in question died, leaving behind him his widow, Smt. Bira Bai on 2-10-72. Prior to this a family settlement between Sukhdeo Prasad and the petitioner was executed before the Notary public on 30-9-69. THEreafter on 21-7-71 names of the petitioners mutated in the revenue record according to the family statement regarding Bhumidhari. THEreafter consolidation operation was started and the family settle ment dated 30-9-69 was approved in con solidation proceeding on 10-10-75. THEre after in the year 1978 notice under U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as an Act) was issued against Sukhdeo Prasad under Section 10 (2) of the Act.

(3.) SINCE the prescribed authority had decided the case ex- parte in which he has held that no evidence was received by the tenure-holder while in fact some evidence was produced by the tenure-holders and also the tenure-holders could not get the oppor tunity of hearing, I think it would be proper if the prescribed authority may grant oppor tunity of hearing to the petitioners and then "decide the matter afresh.