SABU Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned standing counsel for the respondents.

(2.) This writ petition arises out of proceedings under U.P. Imposition of Ceiling of Land Holdings Act 1960.

(3.) A notice was issued in the year 1990 under Section 10(2) of the Act to one Allah Rakkha father and grant father of the petitioners. Admittedly, Sri Allah Rakkha had died long before. Sri Allah Rakkha left behind 5 sons. Notice was served on some of his sons who filed objection. The sons and grand sons of Allah Rakkha contended that Allah Rakkha had died in 1972. However, the Prescribed Authority decided that he had died in 1973. Some land was declared as surplus by the Prescribed authority against which appeal was filed by the petitioners which was dismissed. Thereafter matter was brought to this Court in the form of writ petition No. 808 of 1994 which was allowed on 27.9.1996, orders passed by the Prescribed Authority and appellate Court dated 16.9.1991 and 7.11.1991 were quashed and matter was remanded to the Prescribed authority to decide the same afresh keeping in view the findings recorded in the body of the said judgment. Copy of the said judgment dated 27.9.1996 is Annexure 1 to the writ petition.