SATBIR SINGH Vs. ADDL COMMISSIONER

JUDGEMENT

(1.) Heard Shri U.S. Sahai, learned counsel for the petitioners and Shri Rajesh Tiwari, learned Additional Chief Standing Counsel for the State.

(2.) This petition has been field challenging the order dated 24.07.1991 passed by the Prescribed Authority i.e. the opposite party no.2 and order dated 30.05.1996 passed by the Additional Commissioner-1, Lucknow Division, Lucknow i.e. opposite party no.1.

(3.) The brief facts of the case, for adjudication of the present writ petition, are that a notice under Section 10 (2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (here-in-after referred as the Act) was issued to the grand father of the petitioners namely Munsha Singh in 1977 in respect of the land held by him as Bhumidhar. The ceiling area and surplus area were determined. Thereafter a Will was executed by Munsha Singh in favour of his four grand sons including the petitioners. Munsha Singh had died in the year 1980. After his death mutation was made in favour of the petitioners. A notice dated 14.03.1989 under Section 10 (2) of the Act was issued to the Laxman Singh i.e. the father of the petitioners. An ex-parte order was passed by the opposite party no.2 on 23.04.1984. The said order was recalled on an application moved by Laxman Singh. Thereafter an order was passed on 28.05.1985 withdrawing the notice issued under Section 10 (2) of the Act and a direction was issued to the concerned Tehsildar to get the ceiling file of Laxman Singh constructed within fifteen days after making re-enquiry. After enquiry a fresh notice under Section 10 (2) of the Act dated 30.01.1988 was issued to the Laxman Singh and the petitioners. Laxman Singh and the petitioners filed their objections before the opposite party no.2 taking common grounds that the petitioners have got the land on the basis of Will executed by the grand father of the petitioners and their names have been recorded by the order of Tehsildar, Nighasan on 27.11.1981. The opposite party no.2, after affording opportunity of hearing and considering the objection and evidence, passed the order dated 25.07.1991 and declared the ceiling and surplus land. The order was challenged by the petitioners in appeal before the opposite party no.1. The appeal field by the petitioners has been dismissed by means of the order dated 30.05.1996. Hence the present writ petition has been filed.