SUMER PRASAD Vs. ADDITIONAL COMMISSIONER JHANSI DIVISION

JUDGEMENT

(1.) Proceedings under Section 10(2) of the U.P. Imposition of Ceiling On Land Holdings Act, 1960 (herein after referred to as the ?Act, 1960?) were initiated against one Sukhdeo, the father of the Petitioner Nos. 1,2 and 3. Petitioner No. 1 has since expired. The proceedings culminated in an order of the Prescribed Authority dated 31.7.1976 whereunder it was held that the recorded tenure holder had 5 bigha 2 biswa and 11 biswansi of the land as surplus.

(2.) Not being satisfied, Suhkdeo filed an appeal under Section 13 of the Act, 1960. This appeal was dismissed under an order of the Appellate Authority dated 22.12.1976. There is nothing on record to establish as to whether Suhkdeo challenged the order of the ceiling authorities before the High Court or not. In terms of Section 13, the order of the Appellate Authority became final. After more than 09 years of the proceedings against Suhkdeo having become final, the present Petitioners who claim to be the sons and grand-sons of Sukhdeo made an application stating for the first time that the entire property in the hands of Sukhdeo was Ancestral, Seer and Khudkasht and since Sumer Prasad and Sudama Prasad were born prior to the abolition of the zamindari, they had a share in the property which could not clubbed. This application was rejected by the Prescribed Authority vide order dated 20.2.1986. Feeling aggrieved, the Petitioner filed an appeal which was dismissed by the Additional Commissioner, Jhansi Division, Jhansi on 7.10.1987. Not being satisfied the Petitioner filed writ petition No. 1045 of 1988.

(3.) On remand the Appellate Authority has reconsidered the matter afresh and by means of the impugned order dated 25.6.1991 has rejected the appeal made by the Petitioner. The Appellate Authority has recorded a categorical finding that Section 11(2) has no application in the facts of the case.