ASHARFI LAL Vs. III A. D. J.

JUDGEMENT

(1.) Heard Sri B.B. Jauhari, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) The petitioner by means of the present writ petition has assailed the order dtd. 23/11/1983 passed by the Prescribed Authority (Ceiling), Tehsil Puwaya, District Shahjahanpur by which he has declared 4.63 acre surplus land held by the petitioner, and also the order dtd. 16/1/1984 passed by the Additional District Judge, Shahjahanpur dismissing the Misc. Civil Appeal No. 141 of 1983 preferred by the petitioner under Sec. 13 of The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the 'Act, 1960).

(3.) The facts, in brief, are that the petitioner was issued a notice on 2/6/1983 under Sec. 10 (2) of the Act, 1960 on the ground that the petitioner had 22.65 acres of irrigation land whereas, under the Act 1960, he could retain only 18.02acre land, thus, the petitioner was having 4.63acre excess land, therefore, why the excess land of 4.63 acres held by the petitioner be not declared as surplus land.