DINESH VARMA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, Senior Advocate assisted by Sri Abhishek Mishra, Advocate, the learned counsel for the petitioners and Sri Krishna Kumar Singh, the learned Standing Counsel.

(2.) By means of the instant petition filed under Article 226 of the Constitution of India, the petitioners have challenged the validity of a notice under Sec. 10(2) of the U.P. Imposition of Ceiling On Land Holdings Act, 1960 (herein after referred to as 'the Ceiling Act'), issued by the Prescribed Authority/Additional Collector (Administration), Lucknow on 6/1/1999, order dtd. 14/2/2005 passed by the prescribed authority rejecting the petitioners' objection against the aforesaid notice, an order dtd. 31/8/2005 passed by the prescribed authority as well as the entire proceedings instituted by the notice issued under Sec. 10(2) of the Ceiling Act.

(3.) Briefly stated, facts of the case are that Bindra Prasad, grand father of the petitioners was tenure holder having separate Khata, whereas Randhir Verma, father of the petitioners, was also having his separate holdings. Bindra Prasad had executed various saledeeds in the year, 1957 transferring an area of 842 Bighas 18 Biswa 3 Biswansi 9 Kachwansi. The proceedings under the Ceiling Act were initiated against Randhir Verma by issuing a notice under Sec. 10(2) of the Act to him. Randhir Verma filed objections and by means of an order dtd. 24/12/1979, the prescribed authority declared 20 Bigha 5 Biswa 10 Biswansi land of Randhir Verma as surplus land.