SHYAM BEHARI LAL Vs. STATE

JUDGEMENT

(1.) Head learned counsel for the parties.

(2.) This writ petition arises out of proceedings for determination of surplus land under U.P. Imposition of Ceiling on Land Holdings Act, 1960. Initially Prescribed Authority through order dated 18.02.1976 declared 18.06 acres land of the petitioner in terms of irrigated land as surplus. In appeal the surplus land was reduced to 6.86 acres. Thereafter writ petition was filed in this Court being Writ Petition No.3683 of 1977, which was allowed on 21.04.1980 and matter was remanded to the Prescribed Authority. The necessity to remand arose for the reason that some land gifted by the petitioner-tenure holder to Shiv Kumar was treated to be tenure holder without issuing notice to Shiv Kumar. The High Court directed that notice must be issued to Shiv Kumar which was accordingly done.

(3.) The gift deeds are dated 03.05.1971, 15.10.1971 and 08.12.1971 i.e. in between 24.01.1971 and 08.06.1973. At that time Shiv Kumar was minor.