RANVEER SINGH Vs. ADDL COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the petitioners', learned standing counsel for the respondents and Learned counsel for the allottees who have filed impleadment application including Sri Umesh Chandra Tewari, learned counsel who has filed impleadment application on behalf of some allottees and who stated that the land was allotted to his clients on 10.12.1990 (even though the appeal of the petitioners was dismissed on 15.2.1991.

(2.) Both these writ petitions are directed against the same orders. The first writ petition was filed by Ranveer Singh and Ramesh both sons of Gyan Singh. Second writ petition was filed by Gyan Singh. Gyan Singh died and 7 of his sons were substituted at his place including Ranveer Singh and Ramesh the petitioners of the first writ petition.

(3.) Earlier proceedings under U.P. Imposition of Ceiling on Land Holdings Act 1960 were initiated against Smt Rampa, mother of Gyan Singh, 3 bigha 3 biswa 11 biswancies land was taken as surplus from the land of Smt. Rampa. After the death of Smt. Rampa notice under Section 10(2) and Sections 29 and 30 of the Act was issued against Gyan Singh on 13.2.1987. The case was registered as ceiling case No. 5 State v. Gyan Singh on the file of Prescribed authority Budaun. During evidence in the case lekhpal stated that due to inadvertence in the notice dated 13.2.1987 four agricultural plots were not mentioned. Accordingly, permission to issue fresh notice was granted and, thereafter, on 25.7.1987 fresh notice was given Gyan Singh filed objections. One of the objections was that plot Nos. 155, 171, 197, 219, 278 and 312 (or 342) were wrongly shown as irrigated while in fact they were unirrigated and the said plots were yielding only one crop in a year. It was further pleaded that plot No. 219 was in possession of Gajraj Singh and others for 20 years. It was further pleaded that original tenure holder of plot Nos. 155, 171 and 197 was Smt Rampa (mother of Gyan Singh) who had died, however, before her death she had executed will in respect of the said plots in favour of Ranveer Singh and Ramesh (sons of Gyan Singh and grand sons of Smt. Rampa). On 27.4.1987 Ranveer Singh and Ramesh filed an application stating therein that plot Nos. 155, 171 and 197 belonged to them, as their grandmother had executed a will in their favour and Gyan Singh had no concern with the said plots. Thereafter, formal notice under Rule 8 of the Rules framed under Ceiling Act was also issued to Ranveer Singh and Ramesh. The application dated 27.4.1987 filed by Ranveer Singh and Ramesh is Annexure 2 to the first writ petition. As many as 8 issues were framed by the Prescribed authority. After the earlier ceiling proceedings Smt. Rampa was left with 37 bigha 18 biswa and 11 biswancies land. Gyan Singh had 33 bigha 13 biswa and 8 biswancies land. After adding the two the prescribed authority held that Gyan Singh possessed 71 bigha 12 biswa land. The prescribed authority decided the matter against the petitioners on 12.11.1990 holding that Gyan Singh inherited the entire property left behind by her mother and in this manner surplus land with him was 13 bigha, 9 biswa, 15 biswancies in terms of irrigated land.