KRISHNA PAL Vs. STATE OF UP

JUDGEMENT

(1.) All the seven petitioners are the sons of Late Sri Sadashiv, resident of Village Bardwara, Tehsil Karvi, District Banda who have come up questioning the correctness of the order of the Prescribed Authority dated 31.3.1986 and of the learned Commissioner in appeal dated 4th of February, 1988 under the provisions of U.P. Imposition of Ceiling on Land Holdings Act.

(2.) A notice was issued under Section 10(2) of the Act proposing to declare 13.41 acres of land surplus in the hands of the tenure holders. The petitioner Krishna Pal and others filed objections which was pursued by one of the petitioners Krishna Pal. The authorities proceeded to record the statements of the revenue officials and, thereafter the prescribed authority proceeded to hold that the land proposed as surplus deserves to be declared as such. The petitioners were called upon to offer their choices under the order dated 31.3.1986.

(3.) An appeal was preferred by the petitioners and the order of the prescribed authority was affirmed on 4th February, 1988. The present writ petition was instituted and an interim order was granted on 18.3.1988 restraining the respondents from dispossessing the petitioners from the land in dispute. The writ petition was admitted on 12/5/1988 whereafter a counter-affidavit has been filed on behalf of the State to which a rejoinder has also been filed by the petitioners. An interim order was further passed by this Court on 19.5.1988 in favour of the petitioners. The rejoinder affidavit brings on record a judgment dated 20/6/1998 by the Sub-Divisional Magistrate in a suit under Section 229-B of the U.P.Z.A. & L.R. Act. A copy of the said rejoinder was served on the learned Standing Counsel as per endorsement thereon on 12/8/2002.