LAWS(ALL)-2003-5-231

RADHEY SHYAM Vs. DISTRICT JUDGE

Decided On May 01, 2003
RADHEY SHYAM Appellant
V/S
DISTRICT JUDGE Respondents

JUDGEMENT

(1.) This writ petition was heard by this Court and after hearing learned counsel for the parties, it was dismissed on 1st May, 2003, for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid petition.

(2.) Petitioner Radhey Shyam, by means of present writ petition under Article 226 of the Constitution of India, has challenged the order dated 26th October, 1983, passed by the Prescribed Authority under the provision of the U. P. Imposition of Ceiling on Land Holdings Act, 1960 (U. P. Act No. 1 of 1961), which shall hereinafter be referred to as the 'Act', copy of which is annexed as Annexure-2, to the writ petition and the order dated 6th September, 1985, passed by the appellate authority, the copy whereof in annexed as Annexure-3 to the writ petition.

(3.) The facts leading to the filing of present writ petition are that the petitioner had filed an application dated 17th March, 1983, copy whereof is annexed as Annexure-1 to the writ petition, wherein he has stated that while declaring the petitioner's 5 acres 90 dismal land as surplus, he has not been given any opportunity to give his choice and requested that instead of plots declared as surplus, the petitioner now may be allowed to exercise the option by referring the plot numbers. It is not disputed that the possession of the land declared surplus has already been taken over and amaldaramad to this effect has already been taken place in the revenue records. Petitioner's land was declared surplus by the Prescribed Authority measuring an area of 5 acres 90 dismal by his order dated 26th October, 1983.