VIJAY DEEP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.P. Tewari, Counsel for the petitioners and Sri Sanjay Goswami, Standing Counsel, for the respondents. The writ petition has been filed for quashing the order of Prescribed Authority dated 31.12.2013, passed in the proceedings under section 12A of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Act), by which the application of the petitioner, giving choice of the surplus land, has been decided.

(2.) It has been stated that the proceedings under the Act was started against Bhupendra Singh (father of the petitioners) through notice dated 12.11.1974. The Prescribed Authority, by order dated 29.1.1996, declared 6.86 acre of land, in terms of irrigated land, as surplus with the father of the petitioners. Bhupendra Singh filed an appeal from the order of Prescribed Authority, which was dismissed on 3.10.1996. Thereafter, Bhupendra Singh filed a writ petition (registered as Writ-C No. 30102 of 1996) before this Court, in which, interim order dated 5.11.1996, staying the operation of the impugned orders, was granted. The interim order was extended time to time. The writ petition was ultimately dismissed on 11.5.2011.

(3.) After dismissal of the writ petition, the petitioners filed an application under section 12A of the Act, revising their choice of the surplus land, on 29.6.2011. The Prescribed Authority, by order dated 10.8.2011, rejected the application of the petitioners. The petitioners, then filed a writ petition (registered as Writ-C No. 48210 of 2011) against the order of Prescribed Authority dated 10.8.2011, which was allowed by this Court, by judgment dated 24.8.2011, holding that right to give choice of surplus land is an unfettered statutory right of the tenure holder and the order of the Prescribed Authority was set aside. The Prescribed Authority was directed to decide the application of the petitioners, giving choice of the surplus land, afresh, in accordance with the provisions of section 12A of the Act.