PREMA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 31.07.1992, passed by the Chief Revenue Officer/ Prescribed Authority under the U.P. Imposition of Celling on Land Holdings Act, 1960 (hereinafter referred to as "1960 Act") and the order of the Commissioner, Azamgarh Division, Azamgarh dated 28.06.1995.

(2.) The facts of the case in brief are that the petitioner who is a tenure holder sold certain plots of land, namely, plot nos. 144, 166, 167 and 170 a total area mentioning 1.99 acres to one Lalta Prashad and others by sale deed dated 1.4.1969. It is claimed by the petitioner that from the date of the sale, Lalta Prashad continues to be in possession of the plots in question and the petitioner had no connection with the plots. The case of the petitioner further is that on 20.04.1971, she sold a portion of plot no. 235 measuring 6.98 acres out of total area of 15.78 acres to one Smt. Anara Devi and others. It is also stated that proceedings under the Ceiling Act, 1960 were initiated against the petitioner in the year 1973 through a notice under Section 10(2) of the Act. The proceedings were started on 16.07.1981 and CLH Form 4 was prepared showing certain lands as surplus land. Plot no. 236, which did not belong to the petitioner was also shown as part of the land of the petitioner.

(3.) The petitioner filed an application on 9.12.1981 before the Prescribed Authority stating therein that the re-determination could not have been initiated on the ground that her plot was actually a portion of plot no. 235 and no plot no. 236. Detailed objections were filed on 16.03.1982. Thereafter by the order dated 24.05.1981, the Prescribed Authority declared an area of 5.79 acres of land as surplus.