KAILASH BABU Vs. COMMISSIONER KANPUR DIVISION KANPUR

JUDGEMENT

(1.) Heard Shri B.N. Rai, learned counsel for the petitioner and learned standing counsel.

(2.) It appears that the petitioner's father was issued notice under Section 10 (2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act) whereagainst he filed his objection and thereafter prescribed authority passed the order on 30.11.1974 to the following effect: -

(3.) The said order attained finality having not been challenged thereafter. Devi Dayal died on 14.5.1985 and based on his unregistered will his property was recorded in the name of the petitioner and Smt. Bhoori Devi - widow of Devi Dayal and also Nirmal Kumar, Vimal Kumar and Kamal Kumar all sons of late Devi Dayal. The said mutation took place on 11.3.1994, whereafter notice was issued to the petitioner on 19.6.1996, whereagainst he filed an objection. Order was passed by prescribed authority under Section 12 of the Act on 13.11.1996. In the aforesaid while considering issue no.1 prescribed authority took the view that after the death of Devi Dayal property was transferred and recorded in the name of the petitioner, hence fresh proceeding under the Ceiling Act could have been initiated. The finding already arrived at in the order dated 30.11.1974 was reopened by virtue of Section 38 (B). Against the aforesaid order appeal was preferred before the appellate authority, which was rejected on 11.3.1997.