SARLA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Arpit Agarwal, learned counsel for the petitioners and learned ACSC for the State - respondents.

(2.) The instant writ petition has been filed against the order dtd. 29/5/2007 passed by the respondent No. 3 and the order dtd. 16/12/2004 passed by the respondent No. 2 declaring the land of the petitioners as surplus.

(3.) Learned counsel for the petitioners submits that a notice under Sec. 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as, 'the Act') was issued in the year 1974. The Prescribed Authority had initially decided the ceiling case vide order dtd. 10/11/1974, against which the appeal was decided on 30/12/1974 and the matter was again sent before the Prescribed Authority, who vide order dtd. 14/4/1976 held the sale deed dtd. 23/3/1971 as sham transaction, against which the petitioners preferred an appeal, which was allowed vide order dtd. 13/12/1976 holding the sale deed dtd. 23/3/1971 as valid. He further submits that the order dtd. 13/12/1976 had become final as the same was not challenged by the State. He further submits that on 6/6/1997, another notice under Sec. 10(2) of the Act was issued to the petitioners, against which the petitioners filed objection, which was rejected vide order dtd. 24/2/1999. Against the order dtd. 24/2/1999, the petitioners preferred an appeal, which was allowed vide order dtd. 28/2/2001 remanding the matter back to the respondent No. 2. He further submits that the respondent No. 2, vide order dtd. 16/12/2004, rejected the objections of the petitioners declaring 7.518 hectares of land as surplus, against which an appeal was preferred, which has been dismissed vide impugned order dtd. 29/5/2007.