AJAY PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed seeking quashing of the notice dtd. 4/1/1989 issued by the prescribed authority under Sec. 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (for short 'the Act, 1960').

(2.) Initially, a notice under Sec. 10(2) of the Act, 1960 was issued to the petitioner on 24/11/1987. This Notice was issued against Bhanu Pratap Singh, father of the petitioner, who had died when the notice was issued.

(3.) The petitioner had filed objection to the first notice. The petitioner said that an area 14 bigha 18 biswas situated at Village Shekhpur was exclusive holding of the father of the petitioner which was transferred by gift by his father to the petitioner prior to the cut off dated i.e. 24/1/1971 and as a result of this gift, the petitioner had come into possession of the said land and he became bhumidhar of the said land during the life time of his father. It is alleged that no objection was filed by the State to the objection filed by the petitioner. The parties lead their evidence and arguments were heard on 30/11/1988 and the next date was fixed as 14/12/1988. However, no order was passed on 14/12/1988 and, thereafter, the case was fixed for 4/1/1989 for orders. On 4/1/1989, an application was moved on behalf of the state before the prescribed authority for withdrawing the notice dtd. 24/11/1987 with liberty to file afresh notice. The said application was allowed on the same date i.e. 4/1/1989 by the prescribed authority and notice was allowed to be withdrawn.