STATE OF U P Vs. KUNWAR SINGH

JUDGEMENT

(1.) HEARD Sri S.P. Mishra, learned Standing Counsel for petitioner State and Sri Sujeet Kumar, learned Counsel for the sole respondent, Kunwar Singh.

(2.) THIS writ petition arises out of proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1960. Proceedings for determination of surplus land under the Act were initiated against the recorded tenure holder Smt. Khoshin (Ghosin) by issuing notice under section 10(2) of the Act dated 8.2.1974 which was served upon her on 30.3.1974. The tenure holder mainly contended that she had gifted part of her holding to Harmukh, Dilip Singh and Girdhari, her alleged grand sons. She also contended that some of her plots were wrongly shown as irrigated while in fact those plots were unirrigated. The Prescribed Authority under the Act through order dated 30.12.1974 substantially rejected the contentions of the tenure holder Smt. Khosin and declared 17.51 acres irrigated land (out of total area of 49 acres) held by her as surplus land after leaving 18.84 acres irrigated land with her. After amendment of the Act fresh notice in the year 1976 was issued and the Prescribed Authority through order dated 30.6.1976 declared that Smt. Khosin possessed 23.89 acres irrigated land as surplus. Smt. Khosin did not pursue the matter further and gave her choice under section 12-A qf the Act for the land which should be taken as surplus land through application dated 22.9.1976. The application was allowed on 15.11.1976 by the Prescribed Authority. Thereafter, possession of the surplus land as per choice of the tenure holder Smt. Khosin was taken by the State Government as per possession memo prepared by the Prescribed Authority dated 29.12.1976 which consisted of plot Nos. 77, 93 and 126 of village Pothari and plot No. 39 of village Khitabita.

(3.) THE fourth round of litigation/objection was initiated by respondent. In the year 1992 (on 31.3.1992) he filed application for recall of orders dated 30.6.1976 and 15.11.1976 (declaring surplus land and accepting the choice of Smt. Khosin). Copy of the application is Annexure 12 to the writ petition. The Prescribed Authority rejected the objections of respondent on 25.1.1994, however the said order was set aside by the Additional Commissioner in appeal through order dated 28.8.1995 and matter was remanded to the Prescribed Authority. After remand Prescribed Authority again rejected the application of respondent through order dated 11.2.1997, copy of which is An- nexure-15 to the writ petition. Against the said order appeal was filed which was dismissed on 26.8.1997. After three years-respondent filed recall application before the Appellate Court on 23.8.2000. Appellate Court set aside its earlier order dated 26.8.1997 through order dated 18.6.2005. Thereafter, Appellate Court allowed the appeal through judgment and order dated 20.2.2007 reducing the surplus area from 23 acres to 14.83 acres of plot Nos. 77 and 126 of village Po- thari. True copy of the judgment dated 20.2.2007 is Annexure-1 to the writ petition which has been challenged through this writ petition.