KASHI NATH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Mohd Arif Khan, learned senior counsel assisted by Shri Mohd Shadab, learned counsel in second and third writ petition and Dr. R.K. Srivastava, learned counsel for the petitioner in first writ petition and learned additional C.S.C. for state respondents in all the writ petitions (as per order passed on the order sheet of the second writ petition). Proceedings for determination of surplus agricultural land under U.P. Imposition of ceiling on Land Holdings Act were initiated against Vikram Singh (or Bikram Singh), father of petitioners of second and third writ petition. Vikram Singh was made opposite party in the first and second writ petition. However when third writ petition was filed he had died.

(2.) IN the ceiling proceedings petitioners of second and third writ petition who are sons and daughters of Vikram Singh got themselves impleaded and claimed that under family settlement and registered gift deed their mother had given some other agricultural land to them, hence, the said property could no more be treated to belong to their mother and included in the land of their father (under Ceiling Act land of a female tenure -holder is clubbed with the land of her husband). Petitioners of the first writ petition also got themselves impleaded with the allegation that in the year 1962 Vikram Singh had executed an unregistered agreement for sale in their favour of part of his agricultural land, hence, the same shall not be treated to belong to him. Prescribed authority (Ceiling) Lakhimpur where the matter had been registered as case no.230 (State vs. Vikram Singh) decided the same on 08.9.1982 declaring that Vikram Singh had 45.862 acre land in terms of irrigated land as surplus. Against the said order ceiling appeal no. 81 of 1982 was filed by Kashi Nath which was dismissed on 17.02.1983. The said orders have been challenged through the first writ petition by Kashi Nath and others.

(3.) AGAINST the same order of prescribed authority dated 08.9.1982, Muneshwar Singh and others sons and daughters of Vikram Singh, filed Ceiling appeal no. 83 of 1982 which was dismissed on 07.02.1983 by District Judge Khiri. Second writ petition is directed against the said judgments.