RAM NIHORE Vs. STATE

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition arises out of proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1960. The case of the Petitioner was that the agricultural land in dispute actually belonged to five persons and his share was only one fifth therein. The first order was passed by Prescribed Authority on 4.9.1976 declaring 13 bighas and odd land as surplus with the Petitioner. Salig Ram, one of the alleged co-sharer, Respondent No. 4 in this writ petition filed appeal against the said order. District Judge remanded the matter directing the Prescribed Authority to decide the same afresh after issuing notice to all the five alleged co-sharers (including Salig Ram) as their names had been mutated in the revenue records. The Prescribed Authority through order dated 24.12.1991 again declared that the entire property belonged to the Petitioner hence he possessed 13 bighas, 14 bishwansis land as surplus. The said order was passed by Additional District Magistrate (R.A.)/ Prescribed Authority, Allahabad under the Ceiling Act in Case No. 6 of 1991-92. Against the said order Appeal No. 3 of 1991-92 was filed. Additional Commissioner, Allahabad Division, Allahabad dismissed the appeal on 10.11.1993 hence this writ petition.

(3.) The Consolidation Officer on the basis of compromise passed an order on 5.8.1972 dividing the agricultural land in dispute among five persons i.e. Petitioner, Salig Ram-Respondent No. 4, Chhotey Lal-Respondent No. 5, Mishri Lal-Respondent No. 6 and 1/5th share jointly to Dhanush Dhari, Respondent No. 7 and Lal Mani (father of Respondent No. 8 Dayashanker).