HAUSILA SINGH Vs. ADDITIONAL COMMISSIONER ADMINISTRATION VARANASI

JUDGEMENT

(1.) Proceedings were initiated under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1961 (hereinafter referred to as 'the Act 1960'), against the recorded tenure holder Lallan Singh resulting in an order of the Prescribed Authority dated 27.4.1977, wherein a total area of 11.52 acres in terms of un-irrigated land was declared as surplus. Not being satisfied with the orders passed by the Prescribed Authority, the State of U.P. filed Ceiling Appeal No. 552 of 1977, under Section 13 of the Act, 1960.

(2.) On behalf of the State it was contended in the appeal that the Prescribed Authority has wrongly treated the holdings of the Petitioner as un-irrigated. As a matter of fact, the source of irrigation was available and that the land was capable of two crops being grown. During the pendency of the appeal Lallan Singh expired and the present Petitioner his son was substituted. The appeal filed by the State was allowed under the order of the Additional District Judge-III. Varanasi dated 6.3.1981 on the ground that the Prescribed Authority has not ensured the compliance of Section 4A of the Act 1960 before determining the issue as to whether the land was irrigated or not. Directions were issued that the Khasra for the years 1378, 1379 and 1380 Fasli be considered and if necessary, spot inspection may also be made by the Court concerned.

(3.) On remand the Prescribed Authority is stated to have made spot inspection of the holdings of the Petitioner on 29.5.1982 and on the basis of the inspection a memo was got prepared by the Prescribed Authority. The matter was decided under order dated 31.5.1982 and it was held that the land was irrigated and corresponding 9.45 acres of land in terms of un-irrigated was declared as surplus.