PREETAM SINGH Vs. STATE OF U. P

JUDGEMENT

(1.) Heard Sri Avadhesh Kumar, learned counsel for the petitioner and Sri S.K. Khare, learned Standing Counsel.

(2.) The petitioner Preetam Singh has approached this Court, by means of the present petition, challenging the order dtd. 11/4/1997 passed by the Prescribed Authority(Ceiling/Upper Collector, Kheri) contained in Annexure No.2 to the petition and the order dtd. 12/1/1999 passed by the Additional Commissioner (Administration), Lucknow Division, Lucknow, contained in Annexure No.4 to the petition.

(3.) The brief facts of the case, for adjudication of the present case, are that in respect of the land in dispute, the petitioner was served with a notice as per Sec. 29 of the UTTAR PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS ACT, 1960(hereinafter referred to as the Act of 1960) proposing 19.682 acres irrigated land as surplus giving benefit of 18.03 acres irrigated land to the petitioner. In response thereof, the petitioner submitted the objections dtd. 6/3/1995 on the ground that the notice is barred by res-judicata and it is time barred. The petitioner also took an objection that the land of the petitioner is un-irrigated and he is entitled for the maximum benefit. A plea was also taken that holdings have wrongly been shown. On the basis of the pleadings, the following 7 issues were framed: