BHANVI SARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Utkarsh Srivastava and Sri Rakshit Raj Singh Advocates, holding brief of Sri B.K. Saxena Advocate, the learned counsel for the petitioners and Sri S.K. Khare, the learned Standing Counsel for the State.

(2.) By means of the instant Writ Petition filed under Article 226 of the Constitution of India the petitioners have sought quashing of the entire ceiling proceedings initiated against Sri Hanuman Singh, the predecessor in interest of the petitioners, who had died before initiation of the proceedings.

(3.) It has inter alia been submitted in the writ petition that a notice under the Proviso appended to Sec. 9 (2) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter referred to as the Ceiling Act) was issued in the name of Hanuman Singh, whereas Hanuman Singh had died in May, 1975, prior to issuance of the notice. The petitioners submitted a reply to the notice stating that the notice had been issued in the name of a dead person. It was further stated in the objection that Hanuman Singh had already transferred 35 bigha of his land through a registered sale deed as far back as in the year 1963 and, therefore, he was not holding any surplus land.