UDAI NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rahul Srivastav, Advocate holding brief of Sri Chandan Sharma, learned counsel appearing for the petitioner and perused the record.

(2.) The writ petition is directed against order dated 23.1.1992 passed by Prescribed Authority/Collector, Fatehpur declaring 5.66 acres (irrigated) land of petitioner surplus in proceedings initiated under U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as "Act") and the appellate order dated 29.6.1992 (Annexure 8 to the writ petition) passed by Additional Commissioner (Administration), Allahabad Division Allahabad rejecting his appeal.

(3.) The petitioner is a tenure holder of Gata No.81, 154-Ka & Kha, 491, 847 and 408 situated in Village Makarandpur Nisfi, Pargana Koda, Tahsil Bindaki, District Fatehpur. The Prescribed Authority issued a notice sometimes in 1973 under Section 10(2) of Act as amended by U.P. Act No.18 of 1973 proposing to declare 39.72 acres of land surplus. The petitioner filed his objection pointing out that in an earlier proceedings, certain land was already declared surplus vide Prescribed Authority's order dated 30.12.1968 and the land already subject matter of ceiling proceedings has wrongly been added. After considering petitioner's reply, proceedings were dropped by Prescribed Authority vide order dated 24.3.1975.