RAM SWAROOP Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan Senior Advocate assisted by Sri Mohammad Aslam Khan Advocate, the learned counsel for the petitioner and the learned Standing Counsel.

(2.) By means of the instant writ petition filed under Article 226 of the Constitution of India the petitioner has challenged validity of an order 28/10/1987 passed by the Additional District Magistrate (Finance and Revenue), Raebareli in Case No. 5 (85-86) under Sec. 11(2) read with Sec. 14(3) of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as 'the Ceiling Act'), whereby the application filed by the petitioner under Sec. 11(2) of the Ceiling Act had been rejected. The petitioner has also challenged validity of an order dtd. 15/3/1989 passed by the Additional Commissioner (Judicial), Lucknow Division, Lucknow, dismissing Appeal No. 21(87-88) filed by the petitioner under Sec. 13 of the Ceiling Act against the aforesaid order dtd. 28/10/1987.

(3.) It has been pleaded in the writ petition that the petitioner's father had planted a grove on land bearing plot no. 150 (of third settlement), new plot number whereof is 61/3, having an area of 1 Bigha, 2 Biswa and 10 Biswansi situated in Village Alipur Khalso, Pargana, Tehsil and District Raebareli with the permission of Rana Uma Nath Bux Singh - the then proprietor of Khajoorgaon Estate. Consolidation proceedings commenced in the village in the year 1963 and after survey, a Khasra Chakbandi was prepared on C.H. Form 2-A, wherein it is mentioned that Ram Swaroop Baghdar was found in possession whereas Rana Uma Nath Singh was recorded as the chief tenant of the land in question.