SURENDRA NARAIN TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned Standing Counsel for the State.

(2.) The petitioners are the grand-sons of the tenure holder, late Ganga Prasad Tripathi. The tenure holder was put to notice 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 and the prescribed authority vide order dated 21st July, 1976 declared an area of 10.54 acres of land as surplus. This was pursuant to a second notice in spite of the authority having issued a previous notice. The tenure holder filed an appeal which was allowed on 21st September, 1978 whereby the subsequent notice issued by the prescribed authority was discharged leaving it open to the prescribed authority to proceed in accordance with law as per the earlier notice that was issued to Ganga Prasad Tripathi.

(3.) After remand the petitioners state that their grand-father, Ganga Prasad Tripathi, died on 4th of November, 1980. The proceedings thereafter did not continue against the heirs of Ganga Prasad Tripathi and as a matter of fact no substitution was carried out on behalf of the State. It has been stated that the father of the petitioners, Janardan Prasad Tripathi had also died in between on 22nd October, 1987.