SANTOSH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Dr. R.K. Srivastava, learned counsel for the petitioner and learned Add. C.S.C.for the respondents.

(2.) THIS writ petition arises out of proceedings for determination of surplus land under U.P. Imposition of Ceiling on Land Holdings Act. A notice under Section 10(2) of the Act was issued against Desh Raj singh father of the petitioner seeking to declare 65 acres of agricultural land as surplus with him. Initially, Prescribed Authority decided the matter against Desh Raj Singh. However, said order was set aside in appeal on the ground that it was ex-parte and matter was remanded to the Prescribed Authority to decide the same again. Meanwhile petitioner and one Ram Adhar had also filed objections. Desh Raj Singh as well as petitioner contended that the land in dispute was their ancestral Zamindari property (Sir, Khudkast and grove) and petitioner had got half share in the total land as he was born before Zamindari Abolition (1952) and name of Desh Raj Singh was entered in revenue record in representative capacity.

(3.) THE Prescribed Authority through order dated 16.9.1983 rejected the objections and again declared 57 acres of land in terms of irrigated land as surplus with Desh Raj Singh. Objection raised by the petitioner and his father were rejected. Against the said order Desh Raj Singh filed an appeal being Appeal No. 51 of 1983 in which petitioner and Ram Adhar were impleaded as proforma respondents. Civil Judge, Kheri dismissed the appeal on 21.12.84. The said orders have been challenged through this writ petition.