SMT. RAJA BETI Vs. P.A.

JUDGEMENT

(1.) PROCEEDINGS under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act were initiated against the petitioners culminating in an order dated 28.6.1976 passed by the Prescribed Authority where under 15.08 acres of irrigated land was declared as surplus.

(2.) NOT being satisfied, the tenure holder filed writ petition before the Hon'ble High Court which was partly allowed and the matter was remanded to the District Judge for decision afresh vide Judgment and order dated 11.7.1979. The District Judge on remand vide order dated 11.1.1983 directed that the tenure holder may be provided benefits in the matter of determination of ceiling limits in respect of following:

(3.) THE Additional Commissioner has not accepted both the grounds raised by the appellant in respect of the 'Will' executed on 30.3.1984. It has been held that the same is subsequent to the determination of ceiling limits of the recorded tenure holder and, therefore, is not legally justified. Similarly the plea that the recorded tenure holder could not understand the order dated 11.1.1983 has also not found favour with the appellate authority only. The appellate authority has recorded that necessary benefit in terms of the dated 11.1.1983 has been provided to the recorded tenure holder.