JAGDISH NARAIN TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) The dispute lies in a very short compass relating to the choice exercised by the petitioner under Section 12-A of the U.P. Imposition of Ceiling on Land Holdings Act.

(2.) The facts, which are undisputed, are that an order came to be passed by the Prescribed Authority on 19.4.1977 declaring certain land as surplus. An appeal was filed against the same which was decided on 29.9.1977. The appellate authority upheld the declaration of surplus land but redirected the Prescribed Authority to allow the petitioner to indicate his choice with regard to the plots that would be taken as surplus land to the extent of 1 Bigha 12 Biswas and 14 Dhurs in the irrigated sense. This choice, according to the respondent - State, was to be exercised in terms of the decision of the appellate authority dated 29.9.1977. The petitioner appears to have moved an application on 20.12.1977 exercising his choice with a prayer that the land that has been indicated should be given in his choice in view of the judgment of the appellate authority. Thus, the petitioner was exercising his right of choice in terms of Section 12-A and in view of the order passed by the appellate authority dated 29.9.1977.

(3.) The petitioner further indicated the said choice in view of 16 Bighas 5 Biswas and 8 Biswansi of land included in the holding of Smt. Shushma Devi. This request of the petitioner was, however, rejected but while accepting his choice, as prayed for in the application dated 20.12.1977, plot Nos. 284, 285, 290 and 291 were declared as surplus vide order dated 20.12.1977; copy whereof is Annexure-3 to the writ petition.