STATE OF U.P. Vs. RADHA CHARAN

JUDGEMENT

(1.) Heard Sri Naresh Chandra Pal, Advocate, holding brief of Sri Indra Pal Singh Rajpoot and learned Standing Counsel for the State and perused material available on record.

(2.) This writ petition has been filed under Article 226 of the Constitution of India to issue a writ, order or direction in the nature of certiorari for quashing the impugned judgment and order dtd. 29/4/2004 passed by Additional Commissioner, Chitrakoot Dhaam Division, Banda.

(3.) In brief, fact of the case are that a notice was issued to late Radha Charan (Deceased) Resident of Village Chilli Pargana and Tehsil Rath, District Banda, under Sec. 10 (2) of the Imposition of Ceiling on Land Holdings Act, for filing objection on the basis that there is Rakba 26.97 Acre surplus irrigated land, which has to be forfeited in favour of the State. As per notice maximum useful area is 24.00 Acre and after service of notice Radha Charan filed an objection that the land of the objector is un-irrigated land and it has wrongly been shown to be irrigated land. He further mentioned that from his wife Suhag Rani, out of wedlock Ram Pal Singh and Madan Pal Singh were born, who were living separately. Since the time of their mother, for their livelihood 20.00 acre of the land was given to them as their share of which they are in possession and are cultivating the same. When the children were not satisfied they got the land transferred by way of gift-deed from the objector since before 24/1/1971, therefore, this land should not be added in the account of the objector. Both the sons are adult and the transfer in favour of the sons is legal and valid.