VISHWA NATH PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Prashant Shukla, Advocate, holding brief of Mr. L.P. Misra, learned counsel for the petitioners, as well as Mr. J.P. Maurya, learned Additional Chief Standing Counsel, representing the respondents-State, and gone through the record.

(2.) The present petition under Article 226 of the Constitution of India has been filed, seeking quashing of the order dtd. 19/8/1998 passed by the Commissioner/Additional Commissioner, Faizabad (now Ayodhya), Ayodhya and the order dtd. 2/9/1997 passed by the Prescribed Authority under the provisions of The U.P. Imposition of Ceiling on Land Holdings Act, 1960 (for short "the Act, 1960").

(3.) The Prescribed Authority vide order dtd. 19/2/1992, issued notice to father of the petitioners, Bhagwan Prasad. In CLH Form-3 total land area 33.119 acres was proposed to be declared as surplus. Besides notice to father of the petitioners, notice was given to other persons, whose names were recorded in the revenue record in respect of the said land, as provided in the Rules, framed under the Act, 1960. All the persons came before the Prescribed Authority and filed their objections against declaration of 33.119 acres irrigated land as surplus.