RAKESH KUMAR Vs. ADDL. COMMISSIONER ADMN. FAIZABAD

JUDGEMENT

(1.) Heard Sri U.S. Sahai, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.

(2.) By means of present writ petition the petitioner has challenged the order dtd. 24/1/1998, passed by the Additional Commissioner, Faizabad Division, Faizabad whereby he has dismissed the appeal preferred by the petitioner against the order of Prescribed Authority dtd. 30/3/1995, which was passed under Sec. 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act, 1960").

(3.) Notice under Sec. 10(2) of the Act, 1960 was issued to one Sant Ram and as he was found to be having land less than the ceiling limit, proceedings against him were dropped. In the said proceedings it was found that Sant Ram had two brothers namely Ramdhan and Govardhan and after death of Sant Ram his land devolved upon Ramdhan and Govardhan and after accretion of the said land their land was more than the ceiling limit and accordingly notices under Sec. 10(2) of the Act, 1960 were issued to Ramdhan and Govardhan. The proceedings were finalized by the Prescribed Authority by means of order dtd. 30/12/1977 and portion of their land were declared surplus.