GAYA PRASAD Vs. COMMISSIONER FAIZABAD DIVISION

JUDGEMENT

(1.) Heard Sri Suresh Chandra Srivastava, learned counsel for the petitioners as well as learned Standing counsel for the respondents.

(2.) By means of the present writ petition the petitioner has challenged the order dtd. 11/4/1989 passed by the prescribed authority thereby rejecting the application filed by the petitioner under Sec. 11(2) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 only on the ground of delay. The petitioner has also challenged the order dtd. 6/7/1994 passed by Commissioner, Faizabad in exercise of appellate powers under Sec. 13 of the aforesaid Act and upheld the order of the prescribed authority and additionally he has rejected the appeal on merits.

(3.) It has been submitted by learned counsel for the petitioner that proceedings under the Act of 1960 were commenced against the recorded tenure holder, namely Sri Yawar Husain Khan and notice was issued to him sometime in 1974 to which objections were filed by him on 18/8/1974 and after considering the objections the prescribed authority concluded the proceedings on 31/12/1974 and declared 246-16-15 half holdings as surplus. Even the appeal preferred by the original tenure holder was rejected on 23/4/1976 and the order of the prescribed authority was confirmed.