RAM CHANDRA Vs. U.P.STATE THROUGH COLLECTOR

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner Ram Chandra son of Kamta Prasad challenging the order dated 13th March, 2001 passed by the Prescribed Authority Ceiling/Additional Collector, Hardoi, hereinafter referred to as respondent No.3, and the order dated 29.12.2001 passed by the Additional Commissioner (Judicial), Lucknow Division, Lucknow, hereinafter referred to respondent No.2 rejecting the Appeal of the petitioner.

(2.) By means of the order impugned 0.675 hectares of land in Plot No.385 in Village Magrapur, Pargana Pandarwa, Tehsil Shahabad, District Hardoi, has been declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act.)

(3.) It has been submitted that notice was received by the petitioner along with Prescribed Form 3A, B, & C, to which he submitted his objections on 12.12.2000. He stated clearly that on 08.06.1973, the petitioner was not the tenure holder of Plot number is 121, 275, 393, 295, 265, and 385 in Village Mangrapur. His father Kamta Prasad along with his two brothers Prabhu Dayal and Jagannath Prasad Sons of Devi Prasad, were the tenure holders with 1/3rd share each in the aforesaid six plots. Jagannath Prasad died issueless in November 1973 and Prabhu Dayal died issueless in January 1975. After the death of his two brothers the father of the petitioner Kamta Prasad became the tenure holder of the aforesaid six plots of land. Plot Nos.192 and 316 in Village Baddapur had been purchased by the petitioner out of his own resources. On 08.06.1973, his father was the tenure holder along with his brothers. If on 08.06.1973 Kamta Prasad his father is treated as a unit, then the petitioner being his adult son was entitled to 2 hectares of land additionally. At the time of the death of his father in 1979, there were six family members in the petitioners' family and the number of family members being more than five, the petitioner was entitled to be given at least 2 hectares of land additionally. Moreover, he had one adult son Shyam Srivastava living with him who was entitled to 2 hectares land additionally.