GIRJA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) By the above writ petitions, the petitioners in W.P. No. 3007 of 2000 and the petitioner in W.P. No. 3008 of 2000 are challenging the orders dated 21.1.1988, 30.3.1999 and 31.12.1999.

(2.) Since the impugned orders in both the above writ petitions as well as the controversy involved in both the writ petitions are one and same, therefore, the above writ petitions are being decided by this common judgement.

(3.) The facts of the case, in brief, are that a notice under section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (Act, 1960) was issued in the name of Girja Prasad the petitioner in W.P. No. 3007 of 2000) on 4.2.1988 wherein the Prescribed Authority calculated 5.26 acres of land alleged to be belonging to the petitioner to be surplus. The petitioner filed his objections claiming that the entire land is un-irrigated and besides in his family there are 8 persons out of which his 3 sons are major and are entitled to own two hectares of land each. It was claimed that the sons of the petitioner namely, Ram Prasad, Ganesh Prasad, Pramod Kumar, Devendra Kumar and Krishna Kumar (petitioners in W.P. No. 3008 of 2000) have acquired the land in the year 1962 and it was contended that the petitioner's sons were all major and that their names have been recorded in the revenue records as Bhumidhar and,therefore, their land ought not to have been included in the land of the petitioner-Girja Prasad while considering as to whether any land belonging to the petitioner was surplus or not. The Prescribed Authority has declared 5.26 acres of land of the petitioner as surplus land by his order dated 27.9.1983.