STATE OF U.P.THROUGH THE COLLECTOR KANPUR DEHAT Vs. ADDL.COMMISSIONER, KANPUR DIVISION, KANPUR AND ANOTHER

JUDGEMENT

(1.) As per office report dated 21.9.2010, service upon Respondent No. 2 is deemed sufficient.

(2.) Nobody is present on behalf of the said Respondent nor any counter-affidavit has been filed.

(3.) Proceedings under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act were initiated against one Ram Shanker. The Prescribed Authority vide order dated 24.3.1976 declared that Ram Shanker had 20 bigha and one biswa land as surplus. The order was subjected to challenge by Ram Shanker by Ceiling Appeal No. 191/1976. Two grounds were pressed firstly that the land recorded in the name of his wife Smt. Durga Devi should not be clubbed with his holding, as they were judicially separated and were not residing together. Secondly that the land offered by the Appellant as choice should be considered for being declared as surplus.