SITA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition has been filed by the petitioners, who are the sons of Lodhey Ram, the original tenure holder, impugning the order dtd. 31/8/1995 and 30/9/1997 passed by the prescribed authority and the appellate authority under the provisions of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (For short 'the Act, 1960').

(2.) Notice under Sec. 10(2) of the Act, 1960 was issued to the father of the petitioners. In CLH Form-3 annexed with the notice, area of 7.25 acres in terms of the irrigated land was proposed to be declared as surplus. Father of the petitioners filed objection against the said notice. One of the prime objection was that land of the father of the petitioners was un-irrigated and it was not an irrigated land and in respect of Plot Nos.306, 307, 308, 321, 328 and 329, it was wrongly shown as irrigated land.

(3.) During the pendency of the proceedings before the prescribed authority, father of the petitioners died. Thereafter, the petitioners entered into the proceedings and filed other documentary evidence and also adduced oral evidence to prove their contention that land in Plot Nos.306, 307, 308, 321, 328 and 329 was an un-irrigated land.