BALWANT Vs. STATE OF U P

JUDGEMENT

(1.) The present petition arises out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act (Act of 1960). The Petitioner was issued a notice under Section 10(2) of the Act aforesaid and the Prescribed Authority declared 9 bighas 5 biswas and 6 biswansis of land as surplus on 6th January, 1975.

(2.) The Petitioner and the State Government both filed appeals against the Judgment of the Prescribed Authority. The 3rd Additional District Judge, Muzaffarnagar, by his order dated 20th September, 1975 partly allowed the appeal of the Petitioner and dismissed that of the State Government. The case was sent down to the Prescribed Authority for re-calculating the surplus area in accordance with the orders passed by the appellate court. A writ petition was filed before this Court but the same was dismissed summarily.

(3.) Subsequently the Prescribed Authority issued another notice to the Petitioner under Section 10(2) of the Act for re-determination of the surplus area. This notice was issued to the Petitioner under the provisions of sub Section (3) of Section 31 of U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1976 (U.P. Act No. XX of 1976). Under the new notice the Prescribed Authority purported to claim 17 bighas of land of the Petitioner as surplus. This notice included the entire original land of the Petitioner. Objections were filed by the Petitioner. The Prescribed Authority by order dated 4th June 1976 declared 17 bighas 10 biswas 13 biswansis of land as surplus.