VIJAI KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) BY means of the present petition under Article 226 of the Constitution, the impugned order dated 31-10-1981 (Annexure-1 to the writ petition) passed in the proceedings under section 9 of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (herein-after referred to as the Act), and also the order dated 25-11-1990 passed by the Additional Commissioner, Gorakhpur Division, Gorakhpur dismissing the appeal of the petitioners under Section 13 of the Act, are sought to be quashed by issuing a writ of certiorari.

(2.) LEARNED counsel for the petitioner urged that the order determining the surplus area was passed by the prescribed Authority under Section 11 (1) of the Act against Smt. Umapati Devi after serving a notice on her under section 10 (2) of the Act who died without filing any appeal. Before her death, the petitioners obtained a will from her and filed an appeal under section 13 (1) alongwith an application under section 5 of the Limitation Act for condonation of delay, but the delay has not been condoned and the application has been rejected on insufficient ground with the observation that no grounds exist for condonation of delay.

(3.) COMING to the next question as to whether provisions of Rule 26 of the Rules will apply, particularly to the facts of the present case, when actually for four years Smt. Umapati Devi was alive and did not prefer any appeal and whether under Rule 26 notice could be given to the petitioners after the death of tenure holder