JAG MOHAN SINGH Vs. STATE OF UP

JUDGEMENT

(1.) Proceeding under Section 29/30 read with Section 4A of the U.P. Imposition of Ceiling on Land Holdings Act were initiated against the Petitioner, under notice dated 18.10.1983. The Petitioner filed his objections to the aforesaid notice and specifically stated that conditions required under Section 4A of the Act were not satisfied and that the proceedings were without jurisdiction. It was contended that gate Nos. 260 and 286 were wrongly shown to have become irrigable and, therefore, the entire proceedings are bad. It was clarified that no source of irrigation through State Irrigation Work has come into operation subsequent to the enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972 and, therefore, merely because during relevant year two crops were grown, would not lead to conclusion that the land was irrigated. The prescribed authority under the order dated 6.12.1985 rejected the objections so raised and declared 2.30 acres of irrigated land as surplus.

(2.) Not being satisfied, the Petitioner filed an appeal before the Commissioner, Jhansi Region, Jhansi being Appeal No. 4/55/12/38/46 of 1987-88. The appeal has been dismissed under the order dated 15.4.1988. Hence, this petition.

(3.) On behalf of the Petitioner, it is vehemently contended that both the authorities have recorded a finding that since two crops were grown over the plot Nos. 260 and 286 as per Aakar Patra-3 of 1389, 1390 and 1391 fasli the land has to be treated as irrigated.