JAGDISH PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Proceedings giving rise to the present writ petition have checkered history. Notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'Act, 1960') dated 29th July, 1976 was issued by the Prescribed Authority calling upon the Petitioners to file their reply, whereunder 9.08 hectare of irrigated land was proposed as surplus. Objections were filed by the landholders. After considering the material evidence brought on record, the Prescribed Authority vide order dated 28.07.1978 held that the landholder had 9.08 hectares of irrigated land as surplus.

(2.) Not being satisfied the Petitioner filed appeal under Section 13 of the Act, 1960, being Appeal No. 217 of 1978, which was allowed vide order dated 14.04.1980 and the matter was remanded to the Prescribed Authority for redetermination of the share of Chandra Shekhar/Petitioner No. 2.

(3.) On remand the Prescribed Authority vide order dated 18th June, 1981 held that Chandra Shekhar/Petitioner No. 2 was a co-sharer. The area of surplus land was reduced from 9.08 hectares to 5.41 hectares of irrigated land.